DISTRICT COURT, HAMILTON, Tuesday, July 19th.

Waikato Times, Volume XVII, Issue 1412, 21 July 1881, Page 3

DISTRIC T COURT, HAMILTON, Tuesday, July 19th.

1 [Before His Honor District Judge Macdonald.]

Civil Cases. Harper v. G. Masow.—Claim,' £29 1 Is, amount of dishonoured promissory note\ J udffment for; • full amount.' anicl > feost*. Mr Hay, for i defendant, {.applied£:for time. Ordered to pay £5 per month, first payment to be tnadd in one m'dnfch.' • ' ' ' ' ">' • Cumming v. Dawsox.—Claim, £100. breach of agreement. Mr Hay for plaintiff, and Mr O'Neill for defendant. , Adjourned. * > ' ' ' ' ' ' * W. M. Hat v. L. B. Harris.—Claim', "£26 17 6d. Judgment for amount less interest, £1 2s 6d. * '».i ,: i, s < " ' .A. W. Er.Lis v. P. Thqjison.—Claim, £21 10s, amount bf dfanoh6uVed pr9'mi& sorynote. Mr' Hay for^pUintiff: 1 Judgment 'for amount, arid 'cokts., ''' '„, S. BoKOfffi 1 A l. OItLABD.-^ieiaim, £30,' 'for breaoh of Warranty.' '"Mri'Oreshdni" for the plaintiff, and,Mr O'Neill, fpr de; fendarit." The' fevidencfe for the'plaintiff disclosed that in" March llB7d vhe"b'6Ught a. filly'frßfai defe'n'ddnt' for tinV&um 1 of 1 9& $ warranty signed by defendarii'thkV

the said filly was by Izaak Walton out of a Dainty Ariel mare. In the raouth of May' of the following y'ear^ plaintiff Received infortaation regarding the pedigree of the mare which led him to make further' enquiries, whioh ended in his being satisfied that she was not by Izak Walton, and hence the present action was brought. Mr .William Walters and h,io stud groom both deposed that the filly whs not by Izak Walton, and a witness named Kay deposed that defendant, who was workint? for him at the time of the purchase, had told' him before and after "that transaction thatthesire'snamewas"Buckstone. 1' Evidence Was also led to show that the mare without pedigree would only be worth£loor£ls. Theiewasafiutherclaim for keep from the time plaintiff had given notice that he held the mare at defendant's risk. The counsel for the defence raised an objection to the warranty produced, intimating he was instructed that the stamp had been plaoed od at a later date, and by the plaintiff. Thi3 was overruled, and defendant was then put in the box, and deposed that he had never led the plaintiff to believe that the # filly ( was by Izzak Walton; that the plaintiff had written out the warranty, remarking ■ that it would be well to have a pedigree in case he wanted to sell the horse again, and that the stamp was not put on by him (defendant), or in his presence, and certainly was not obliterated by him. He considered that the filly was worth £30, the amount paid for her, but did not think in her present condition she was worth half that sum., Counsel having addressed the Bench, judgment was deferred till next morning. In Bankruptcy. In re Thomas Baker. Mr Gresham appeared for the debtor, and made an application fof an order of discharge. Mr W. M. Hay, who appeared on behalf of certain opposing creditors, said he would withdraw all opposition, to which the debtor's counsel objected. Serious charges had been brought against his client, and he was there to court the fullest enquiry. Mr Hay baid there were good grounds for making the allegations, but he Avas not prepaied with the necessary evidence. His Honor agreed to allow the opposition to be withdrawn, and granted an order of discharge. In re Joseph Drabble ot Nahinepouri, contractor. Mr Gre&ham applied for an order of discharge. Granted. Li re John Henry Garmonsway, Alexandra, baker. Mr Gresham made a similar application in this case. Granted. The Court then lose. Wednesday, July 20. Bond v. Gii-laed.—His Honor gave judgment in the case, awarding pkinr, tiff £15, the difference between the real and assumed , value of the filly with costs, £15 -Ss. He made no order f®r the grazing. Ewen v. Camp, claim £28 19s, balance of amount due for the haulage of timber and goods from Hamilton to defendant's hotel at Tamahere. Mr Hay for the plaintiff, and Mr Beale for defendant. This was a case of disputed account, plaintiff charging by the day, and defendant alleging that the timber should have been carried at per 100 feet. A large amount of evidence was taken as to the value of the work done. His Honor ga\ c judgment for £28 9s and costs.

Action for False Imprisonment. In this action Mr W. J. Hunter sued Ellen McCann for false imprisonment. Mr Hay for the plaintiff, and Mr Beale for defendant. The facts of the case are well known. Defendant pleaded guilty, and agieed to apologise, and His Honor gave judgment for Is, without costs, by consent. The following is a copy of the apology tendered :—'• Hamilton, July 19, 1881.— W. J. Hunter, Esq. Sir, —l hereby humbly beg to apologise to you for having caused you to be impiisoned upon a false charge of felony ou the sth day of March last, without reasonable or probable cause, and for which charge there was no foundation in fact. As the imprisonment was made to some extent public, you are at liberty if you wish to publish this apology. —Ellkn McCanx. " Wrongful Seizure of a Horse. This case, McCann v. W. J. Hunter, wrongful seizure of a horso, was withdrawn by consent, Mr Beale appeared for the plaintiff, and Mr Hay for defendant.