RESIDENT MAGISTRATES' COURT, CAMBRIDGE.

Waikato Times, Volume XXII, Issue 1875, 12 July 1884, Page 2

RESIDENT MAGISTRA TES' COURT, CAMBRIDGE.

Yesterday. -(Befme Mr H. W. North-ci-ott, li.M.) CIVIL CVSE.S. Wrk.him. Hoiu Pouawv.— Mr Keeping f-r plaintiff. Adjourned till ne\t comt day. (B>foiebis Wmship theK.M. and Mr L. V " B. Walker, J V.) Evans and Kill-. i. H«n Wnihana.Claim, £-)4 K4d Mr Kooams fur plaintiff-. Judgment for amount, with costs, kO o \)r. Cushney v. Ryan.— Claim, £Glo=>9<L Judgmontconfessed. Judgment for amount, with costs, 5*.. Bite- v. Hairy Syiiiond,.-C]aim, £32 Is 4tl. Mr Dyer for plaintiff. Judgment for plaintiff f<n amount, with cost-,, £1 12s. . Jame, Hally u TeßaiPaehura -Claim, £7(5 3, 101. Mr Dyer foi plaintiff, lhis . was for the amount of sv promissory note. The defendant admitted the amount of the eLum, but haid it was contracted foi dunk-, and that ho was chunk when he signed the note — Hih Woiship, looking at the document, asked the defendant if he always wiotpsowell when he wdt. dinuk?-lho defendant leplied that he wiote well whctheidiunk or sober. Mr Holly a-ked him to sign it, and on asking what it moant Mi HallyMid, "Oh, nevei mind w hat it mean-, sign it."— Judgment for plaintiff for amount, with o->ts, £t> K>^. NiK l-iAKO vwv ci.un and ir-> l'lu/.K-,. H. Bundle v. J. S. Uuckl.md and other Stew aids of the Piako Jockey Club. -Mr Dyer for plaintiff and Mr Hay tor defendant-. The en cu instance* of the case was that ttie plamtiu had laced a ntnMS called Ilobeit-thc-Devil on the, course of the 1 m.co Jockey Club, and under the auspices, of the club. The lace was the Consolation Handicap, and the pi mo £10, and Robeifc1 tho-Dovil won. Fne per cant was deducted for tho second hoise -Mr Bundle was called and deposed to the facts of the case So\ ei «il ob]ectwns w oi e taken by Mr Hay— By Mr Hay: Could not possibly ! bt UB that Mr Allwill had eutoied his (witI ,uWb) hm.se, though Mr Allwill had told him he did. Could not swear that the "couect" cauls of the iace* were autho- , isrid by the Steward-.. Would »wo.ir that MrEvatih, one of the stewaids, had positnelv piomised to pay him as -non as they c-ot the subscriptions m. Mr L vans pi.>mised to pay what money they had got, but he (witness) could not say what that amount was. Applied to Mr Smith, the Secietary, but ne\er got any acknowledgment. Could notbay that Mi Smalo, Mi 1 ai r, and the other gentlemen named had any of the racing -money, nor could he posi tively sny that they weie stewaids.— William Carter was called to gi\o evidence as to a aignatme, but Mi Hay objected to the eudeuce and was supported by the bench. -Mr Dyei asked for an adjournment to piocuie the necessary evidence of the wutei- of the letter befme the court.— Mr Hay objected on behalf of his clients, who had been brought there at considerable expense and inconvenience. The case wa& an utterly absurd one. The defendants were not Rewards. He believed the case if it wore heard would be given against the uluutiff. He hadwied the wrong paities entirely. Mr Hay having consented to allow the letter to be put in evidence, the cisc was proceed with. —Mr Dyer read the lotter referred to, which was directed to Messrs Whitaker and Campbell. It .stated that the fault of Mr Bnndle not getting his money was not his. He had done his utmost to get in the money. He was trying to have the claim settled. The letter was feigned • George Smith."— Hatdy Evans, called, was asked as to whether the name "H. livana on the card was meant for him or not. He would swear it did not refer to him. Un bein°- subjected to a sex ere cross-examina-tion by Mr Dyei, the witness said he supposed the name on the cards didieferto him Had had some conversation with plaintiff on the matter of the claim, and told him he would see the secietary.— John Tuinbull, one of the stewards named on the caids, deposed to never having. seen the "onecf'caids circulated on the course, though he was on the ernisa dmingthe races. Ho knew nothing about the stewards or the club either. Did i •*; think that any of the stewards gave their consent to have their names put on the cards. Did not weai a steward's ticket on the racecourse, The only ticket or distinguishing badge he ever woiewas the "blue ribbon badge, and that he donned very seldom. Mr Buckland called, stated that he had objected to his name being used as a stjw.ud. Considered plaintiff entitled to h;s mo ley if he won the race, but ceitainly lu.tfiom him. He considered that thoso who got up the races should pay the money. This fini-hed the case for the plaintiff.— Mi Hay contended that no cisc had been made out. Nothing had been proved. No contract had been established between the parties. The btewards had nothing to do in the matter of paying the money. It was their duty to see that the races were carried out and nothing more. The stewards were not the proper parties to sue in such cases. The man who held the money— the secretary—should pay, and even if he did not receive the money, the law did not requne him to pay. Mr Smith, in his statement to Mr Carter, had admitted his liability for the amount of Mr Brindle's claim by htatin" that he was afraid to come to Cambridge because of the money he owed a^ secretavy of the jockey club. Nothing whatever had been proved. Mr Dyer argued that the whole case rested on the better before the court from Smith, which showed that the money was still owing by the club.— His Woiship considered the letter referred to more against Mr Dyer's case than in favour of it. -Mr Hay objected to a non-suit.— His Worship gave judgment for defendants, with costs i-8 3s. UE B VNSFIKLB'S CASK. _ Mr Dyer applied for an extension of time for Mr Ransfield to pay the amount of the iud«nnent given against him in the horse case at the last sitting of the court-Mr Hay objected unless good and reliable security were given. The defendant was actually in contempt of court at the present time, as he had been ordered to give up the horse. He would accept a promissory note of the plaintiff endorsed by a responsible person.— Mr Dyer said Ransfield wab not in a position to give \>P th f horse, as it was at present under a bill of sale. -Mr Hay threatened to make whoever had anything to do with the horse pay for the loss which the natives had sustained.—Mr Dyer said Ransfield was willing to give his own promissory note for \ three months, not being able to get it endorsed.—His Worship refused the application of Mr Dyer until the horse was returned.

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