RESIDENT MAGISTRATE COURT.

Westport Times, Volume VIII, Issue 1150, 13 February 1874, Page 2

RESIDENT MAGISTRATE COURT.

(Before Joseph G-iles. Esq., E.M Tuesday, February 10. civil cases.

Berlin v. Thompson.—Claim for £lO, rent of house. No appearance of defendant. Judgment for amount claimed, costs of Court and travelling expences.

Mary Sullivan v. Charles Batchelder. Summons enlarged for service until the 16th instant. Cornelius Cronin v. Jno. Munro.— Claim for £i?G, balance of purchase money on cattle, and expenses incurred by reason of non-delivery. Plaintiff had purchased at auction on the 31st instant five head of cattle, the defendant being auctioneer, and had i-eceived sale note, paying also a deposit of 20s at the time of sale, and the balance of purchase money on the Ith. Defendant thou gave him order to obtain delivery, but plaintiff subsequently found that the cattle were not in the sale-yard, but running loose in the bush. Plaintiff applied to defendant for return of the money or delivery of the cattle, but afterwards arranged with defendant for refund of the price of two cattle and consented to take responsibility of obtaining possession of the three others. This he fail d to effect, .and now sought to recover value and expenses incurred. In reply to questions put by the Bench, plaintiff admitted that he had attended sale in consequence of public advertisement, but he could not recollect whether the nane of the principals of the auctioneer wsre published He heard the conditions of sale read, but did not recollect the purport. Admitted that if he had talen the delivery of the cattle at close of sale he would have expected the same trouble of getting them away as he had on the following day. Defendant pleaded generally that, as auc-

tioneer, he was not liable for his prin* cipals, that the sales had been made iu separate lots, and that the defendant had paid the money and received delivery) and that the reason for defendant not taking delivery immediately after the sale, was that he had not cash to pay the purchase money, and had asked to be allowed to pay it on the following day. The bench without hearing further evidence gave a verdict for defendant, with costs of court and expenses of. witnesses.