RESIDENT MAGISTRATE'S COURT, HAMILTON, THURSDAY, JUNE 9. (Before W. N. Searancke, Esq., R.M.)

Waikato Times, Volume VIII, Issue 478, 12 June 1875, Page 3

RESIDENT MAGISTRATE'S COURT, HAMILTON, THURSDAY, JUNE 9. (Before W. N. Searancke, Esq., R.M.)

CIVIL OASES. MCANDBEWS Y. M. J. CLBJI^Y. Mr Madden for plaintiff, Mr wltakgfcfm^ fendant. This was a claim for £2 o^^^ing amount owing for hire of horse and c^y. William Andrews deposed : On tfl^ lst^Rpbruary I hired a mare to Cleary at 12s per week. He paid 12s in advance. On the 9th March he hired a dray and harness. He had them four weeks. When I accepted cheque I told him it was not enough. By Mr Whitaker : He told me his dray was too heavy, and that mine was lighter, and that the mare would not work in his. _ Mr J. Cleary being sworn, deposed : I hired a horse, dray, and harness, from Andrews, who told me the charge would be 12s per week- I put the mare into my big dray, and she would not work. I took her back the same evening. 1 said I was going out in about a week, and if he would lend me his light dray, I th^ght she would work. Nothing was said about eJa^ft paymmt. When I gave Andrcw^Qp£^eoiMfy^yi{d%^^supposed it would do. I con sid^lL^aT^^e^bfc. fair for horse and dray. I agres&Jor^hat P^V^^^^ Mr Whitaker contencb^tha^tiie orak was got because the mare was inferior, ami that^laintifF could not have earned the 12s per week had he not lent the dray. The whole question was, what was the contracts? Mr Madden asked the Court to consider whether charge was fair and reasonable. His Worship, in giving judgment, said the evidence was very contradictory, and that Andrews was not as clear on matters as could be desired. He considered, however, that £1 13s 6d should be paid for loss and damage, also five weeks hire of dray at 8s per week. Judgment accordingly, with costs, £1 4s 6d.

M. J. CLEAItY Y. W. MURRAY. niaim. £12 15. JxS^hWer for^kintiff. and Mr Hay for defendfiny This was a claim foj the i^sg M^ti^si.nd^bridle lent*to defendant, and loss of time searching for it. Mr Whitaker said the defendantrdid not nse sufficient diligence, and in consequence the animal died. A Plaintiff deposed : I left a mare at Mr Peacock's farm about October last, and asked that she should be brought into Hamilton. I have never seen her since. She was worth £7. and the bridle 15s ; the saddle was returned- I learned that defendant had taken the mare from Peaceck's. I met him on the Piako road, and asked about it He wanted the matter left to Messrs Walker and Owen. By Mr Hay : The horse was a good one when I left it at Peacock's a few days before Mr Murray crot it. ***%. W. A. Murr^*^post^ I^tffc the from Mr Peacock's «K(^Nj*fe ik k it foVJAqa Expose of riding into Ham ilraqg^ anSLihe& leOlL^P^ajoJ Hay's, where I left it. >£t was done to fiiih poverty, it could not walk along a level road without falling on its side. I met Cleary, and told him I would leave the matter to Mr Walker and Capt .Owen. By Mr Hay : When I got the horse I thought it might possibly carry me. I only rode ifc at a walk for about a mile. " James Carr deposed to having been working at Peacock's farm in September last. He remembered Mr Murray getting the mare, it seemed then in pretty good condition, and he considered it fit to travel to Hamilton. By Mr Hay : The roads were very bad, and a good hprse might fall down. James Walker deposed to the horse having been fed the night before and on the morning of the journey. He considered it very weak. Mr Hay applied for a nonsuit, on the ground that when a man lent a chattel for a special purpose, he, by doing so, warranted it fit for the purpose for which it was lentS^nd also on the ground that no negligenoQ»J|ad/^n\hown. .^ Mr Whitaker saSjjyfcb- wheVj^^JtaWhe horse he could see whetheryt w*«^it\^itfb J^perform the journey, and that Saving taken Sit Jie was liable for its loss. Nonsuited.

I. R. VIALOU Y. GEORGE JONES. Mr Whitaker for plaintiff and Mr Hay for deClaim <£18 7s 3<C^l|J^kiL>nC">. Before the case w^HfcQye\gd, M^jjOjLtajsgr stated that there was an ©vbr-charge fOT v tltne 01^2 2s, which had arisen from a clerical error. L R. Vialou deposed that the charges in the i account were fair. He considered Is 6d per hour for carpenters, and 2s an hour for his own time ; also 4d per foot was a^air charge for kauri. The charges mad^mfir^jis\ustomary Mies. J. K. McDon£y^p^ed\hafr^ra -(ras^a carpenter, He had goneS^carefttHy ore^fcb^^prk and valued it at £14. E& could havb supplied kauri at the time the work was done at 28s. He considered the charge for timber excessive, and thought the work should have been done in less time than charged. He would be glad to take a contract at £14, and couldvclear 15 pwwjen^. E. Pearson de^sS§ted&a beWj a^ m^teScarpenter ; he had laid down the wlrk cn Njge*eW'oK(tnn valued it at .£l2 10s. He coukrViy S^ri at 255. His "Worship, in giving judgment, said that as Mr Vialou had produced his'bqoks and shewn the accounts clearly he had no^tHerN||U^B open than to give judgment for tlie^mhd^e anwtra^^^d costs. He noticed that tarpente^^^aJwWsscV)\^ork very cheaply when they came to UourtS % This was all the business.