R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3646, 23 October 1890, Page 2

R.M. COURT.

MABTERTON-THUESDAY, (Before Col. Roberts, R,M.) , Civin Cases,, B Oorbett v T H Hill.—Case withdrawn. J, Graham v Savage.—Withdrawn, tho summons having been served on the wrong person, L,owes and loms v H Mitoholl.Claim for amount of promissory note £2S 13s fid, Adjourned till o'clock. E Dorset v R H Elliotte and wife. —Claim for nondelivery of certain cattle sold, with damages, Mr fteard for plaintiff, Mj 'Pqwnall for sra Dorset, sworn, stated that in October, 1889, she purchased certain oattle from Elliotte, and got for tbem a sale note, On the sale note she had paid a, portion of the money, and had tendered for payment the rest, Bhe had not received the cuttle, Mr Donovan, in whp possession they woro, refused to hand them over Until she paid £8 for grazing, and an old aooount. Received an order from Elliotte to got the cattlo,but Donovan would not deliver them, Elliotte had then notified ner that the matter was in tho hands of Mr Pown,all, and he would got the caUlo for her. Notwithstanding, Donovan refused, to band over the cattlo until certain moneys pore paid, On several occasions had applied to Mr Donovan for the cuttle, but he had refused delivery, Mr Klllotte had never disputed her right ta the cattle. She was suing for £l2 damages for loss sustained through the oattle not being delivered. By Mr Pownall; When she bought the cattle Elliotte had told her they were running at Donovan'a. Did not know Donovan in the matter. ■,■•■' ... - ; William Dorset, son qf the last witness, deposed, tq remembering the sale of ofltilo, He had ■ inspected tbem whon running on Donovan's. I Mr Elliotte had said nothing: at the timeofthosaloabrmt an indemnity being mad,«ofl#eattlo. MrDoiio : van, bail'refused to deliver'the oattle.'

By. Mr Powrialli'ln arrangement' was made •that. Mr-Elliott should gat the cattle; but this was altered; anil an order,™ given.': ■ 1 | ;-;i ■ For the defence 'Mr Eownoll; said Elliotts was, leaving, the .distriot at the time he sold'the cattle.'' Thesale note proved the" sale, and it was stipulated expressly lint delivery was to be taken from Mr Donovan. The risk of delivery from Mr Donovan had been taken by Mrs Dorset. ;.,. E. H. Elliotte, the defendant, deposed to Laving sold the cattle to Mrs. Dorset, but made no agreement to give delivery.'?'; Mr Beard submitted -that the defendant was bound, having ;made the sale, to give delivery. 1 . | : ,' Mr Pownall. maintained that Mrs Dorset had.' ; ]ier'. remedy -against Mr Donovan and Mr Elliotte was not responsible.The Benoh •-.- announced J that it would give judgment at, two o'clock. .[LEFI.SmiNQ.] ' !