MAGISTERIAL.

Ashburton Guardian, Volume XII, Issue 2419, 30 July 1891, Page 2

MAGISTERIAL.

AS HB URTON- THURSDAY

(Before Mr C. A. Wray, 11.M.) Civil cases,— Thotras Brings v. John £1 6^l for rent and damage for broken windows. '-'Judgment for plaintiff' by default.—James llesel me v. Blagg Hanks, £5 for two tons chaff. In this case one Daly had given a lien over an oat cr*on to plaintiff. Duly owed an account t ) Heseltino, and the latter after taking posso.-,si<m of "the oats supplied Hanks with two tons chaff on the understanding that if the crop realised enough to satisfy the lien the account due by Dily to Hanks would .be paid, if not Hanks would have to pay for the chaff. This was the plaintiffs side of the case, who also denied having any dealings with Daly, senr., and further said he had advised Hanks to get an order on Daly for the amount. The crop only yielded £5 tons chaff, as against 100 tons animated. His order was written by Heseltine hi Hessltine's own shop. Defendant, who hal paid £2 into Court, held ■■that Heseltine had undertaken to pay defendant's claim without any reserve, and the chaft was only taken as x>art payment of what Daly owed him. Could have quite easily realised his account Ivy seizing hors'Js belonging to Daly, which were running on Hanks' land. Defendant denied that there had been any reservation on the part of Heseltine as to the account being paid subject to there being enough m the chaff to meet the lien and leave a balance. A witness-called by defendant could not -remember hearing the qualification as to die satisfaction of the lien. Defendant had owed plaintiff an account tor harness, ana the order for chaff was for £3—the £2 paid into Court representing the balance. His Worship, as no proof of acceptance of the order had been adduced, gave verdict; for plain biff with costs. For plaintiff- Mr Cuthbertson ; for defendant—Mr Wilding.—H. Zander v. F. Makeig, £2 11s 6d ;' J. G. Restell v. J. Jessop, £3 ss. Judgment for plaintiff m each case by default.