RESIDENT MAGISTRATE'S COURT. HAMILTON. FRIDAY, November 5th. (Before W. N. Searancke, Esq, R.M.)

Waikato Times, Volume X, Issue 541, 6 November 1875, Page 2

RESIDENT MAGISTRATE'S COURT. HAMILTON. FRIDAY, November sth. (Before W. N. Searancke, Esq, R.M.)

that whatever yra« the original contract with Le Quesne, the contract had, not only been broken, but fco a certain extent had "terminated. He would give judgment for plaintiff for £11 45., and costs £3 sa. Odium r Mason.— The judgment of the Court in this case, which was heard on last Coorfc day, was for plaintiff. The Court adjudged that the defendant should pay £2 or return the cauoe, and costs -£2 15s.

(Before R. W. Hammond, Esq., and Capt. MacPiierioD.j) I Harper vB. Dillon— Mr Gelling; appeared for Mr Harper, and said he came to prove his books, but was unable to say if they were correct. There being no appearance of the defendant the case was struck out. ! Thomas I*es v Edward Pearson— Mr Madden for plaintiff, Mr Hay for defendant. 1 his was an actioa brought for £10, value of a horse killed by a yervant oL Pearson's Thomas Leea deposed— I residein HamiltoaEast. On 6th October I owned a horse valued £10. He is dead. I saw him in a Maori hole and he died in twentyminutes. An oyster man even would give me £10. To me be was worth £3& By Mr Hay — He was nine or ten years old, 'he had got a good month on him ; he was worth Jgso t© me. In my, opinion nature has formed pot holes not' that is my idea. - - By Mr Madden—l have pnrchased another horse for £13 I,os. My -son-in-law gave mo the horse that is dead. Charles Warr deposed— l live in Hamilton East. I am a servant of Mr Pearson's. On 6th October, last month, at the order of Mr Pearson, I went for a horse. I caught htm. The borse that is dead was thene. I did not chase the horse that is dead with Mr Pearson's. I saw the horse fall in. I never told the other day that I made him jump. By the Court— l told Mr Pearson the horse had tumbled in the hole in abont an hour's time. G. Vowles deposed— l live in Hamilton East. I remember seeing Mr Lee's horsd on Wednesday morning, it was by itself I don't know any more about this case. By Mr Hay— lt would have taken the dead horse two minutes to join the others. Wiiliam Vowles— l, am eleven years old. I know wh*t an oath is. If I tell a lie God will punish me and send me to Hell. The boy was then sworn. I remember going with Warr to catch Pearson's horse. John Wanr asked me to go ; we walked. I saw the horse that is dead. All the horses were quiet when Warr caught his horse. John Warr threw hishatand both whistled to make them jump. They began gallojTing" and the horse jnmped in the hole. Charles Warr said there was a horse in the hole, and John said it is Lee's Tommy. Charlie told me not to say anything- about it, but to say I was .lookingfor my cows and saw the horse in the hole. ? ( {Judgment was ultimately given for the defendant. The balance of the evidence ia this case and the rest of the cases triei are unavoidably crowded out, and will bt given in our next.]

Martin v Ingwasson. — Goods sold and delivered. Judgment for amonnt claimed £2 4s, and costs 10s. J. Martin t J. Stewart- — Action for goods sold and delivered. Judgment for amount, and costs 9s. Collotte v Le Qaesne. — Mr Madden for plaintiff, and Mr Hay for defendant. Action for .£ll 19s for work and labour done. Collotte waa engaged cutting timber andmending a road. The origimal claim was i for £16 195, 0f which £5 has been paid' on account. Mr Collotte deposed : I live at Ngaruawahia. I went to Mr Le Quesne on May sth to get work. Before I came to any agreement we went to visit the bush. I agreed to cut wood far 3s per ton ; and to make roads; he also agreed to pay tie 30s a week for our provisions, which was to be deducted From our contract. Mr Le Quesne had to cart the wood to the brickyard. I asked Mr Le 1 Quesne on 2nd October for <tlie balance owing. I paid my mate for his share of the wood remaining out. The wood was 1 always measured in the brtfih", only on one occasion was it measured in the township, and theN there was <®nly twenty-two tons ' Augusta ftafiu, deposed-- I know both tire plaintiff and defendant. I remember workiag with Collotte .in September and October, I was employed by 'Collotte, we cut 113 -tons of firewood during the two months. Mr Le 'Quesne told rae •Collotto and Teltier were engaged to cut firewood at 3d per ton, and make roads in the bush. What i undei stood from Mr Le Quesne was that the wood had to be delivered in. the bush. By Mr Hay — I wag cutting* alone with Mr Collotte. To the best of my recollection there was about sixty tons left in the bush before I went into partnership with Oillotte. While I was drawing for Mr Le Quesne, I said the roads were bad. Thomas Lees deposed — I reside in Hamilton East. I know Mr Le 'Qnesne well. I know the road to the bush. J last saw the road about a month ago, it was -very bad. It is •easyto bring the wood oat in dry weather. By Mr Hay— The road might be remedied. At present the wood couilfl not be brought out. Mr Le Quesne deposed ■: lam a storekeeper in Hamilton East. I engaged Collotte and Peltier in May last to cut firewood. They were to cut it at 3s a too, and to be delivered in a proper place for the dray to take it from them. I was first to pay them 75 per cent and the odd 25 when the wood was in my large field. The agreement has never been completed. I do not owe Collotte any money. ! By Mr Madden — It does not matter to me whether they made the roads as long as I could get my timber. I paid £5 on October 2nd on account of work done. I instructed Rafui to bring the timber to the brickyard and T paid him for the work. By Mr Hay — The moment tfhe timber is in a proper place, I am prepared to pay. I made no separate agreement between Collotte and Teltier. By the Court — I have a license to cut (timber. lam employing men to get the timber out. J. McCoshlaod, deposed — I know the bush in question, and I know the roads ; they might be made passable with a little trouble. By Mr Madden — I heard Mr Le Qaesne say the horses would be swamped. I, saw the men making the road. Mr Le Qaesne cannot <sart all the timber unless it is first carried. Some of -it would have to be carried two chains. In some pJaces there be four feet of water. By Mr Hay — I don't know who made tbe new road. By the Court— l don't work in the Summer. A cart could go to where the timber now is. I liave had to carry some of the wood a chain. E. de Thebeauld deposed — I am in the employment of Mr Le Quesne. The week before last I was cutting the road on the edge of the bush. This was defendant's case. Mr Hay applied for a nonsuit On fhe ground that the road was not accessible for a dray. He also contended that as he sued in his own name and not in that of the firm, he could not claim a penny. Had he sued in the name of the firm it would have been a different matter. Mr Madden contended that there ihad beer a dissolution, and that the plaintiff had the right to sue, being the sole nieoiber of the partnership. His Worship said, after hearing the evidence, it appeared to him quite clear