MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2531, 18 June 1909, Page 6

MAGISTERIAL.

THURSDAY JUNE 17.

(Before Mr. W. A. Barton, S.M.)

CIVIL CASES

Judgment was given for plaintiff in the following cases: —H. J. Finn v. Whii'i Neihana, claim £lO, and costs 13s; H. J. Peacocke and Co. (Mr. Bui'nard) v. Augusta, Zenker, claim £32 4s 5d with costs £3 6s; F. Hall (Mr. I • \V. Nolan), v. W. B. Robinson, claim £5 2s. and costs £1 3s 6d; R. Hannah and Co. v. Eileen Bowman, costs allowed £1 12s, the claim having been settled; Richard Pascoe v. Thomas Lucas, claim £1 10s, costs ss; Frederick M. Malier (Mr. F. W. Nolan) v. John Somervell, claim £l6 17s 2d, and costs £1 16s 6d; W. J. Barlow v. Joseph Henry Russell, claim £1 13s, and costs ss; W. J. Attwood v. Charles Lowland (confessed), claim £4 17s, and costs 10s; and W. J. Henncssy v. Joseph Henry Russell, claim £1 13s, and PAC-fc ns - JUDGMENT CASES. In the judgment case in which the Poverty Bay Herald Company (Mr. Coleman) claimed balance of account, £7, from Messrs Wilson and Lilley, the defendant, F. J. Wilson, stated that since the judgment given in January he had earned about £l9O, which had been divided between himself and partner. He was a married man, and averaged 5s a week t-owarcls the keep of his wife, who was not living with him. He had to pay his own board. His Worship asked defendants to produce theix’ books,, and time was allowed, the, case being adjourned for a ' lix the case of Clayton and Nesbitt (Mr. Blair) v. Whotu Eutenc, an order

was made for the payment of £3l 17s Bd, in delaujt 30 days’ imprisonment.

DETENTION OF A HORSE.

Peter Robert Gardner (Mr.. Bright) sued Otto Hansen (Mr. F. W. Nolan) for the return of a horse valued at £zi), and damages. Defendant counterclaimed £3 is for grazing the liorse. The plaintiff said he owned a horse which was at present in the custody of defendant. Witness had lent the horse to a Mr. Miller, who had lost it. He saw the horse at defendant’s hotel, Kaitaratahi, and demanded possession. When he first saw the horse at Kaitaratahi it was lame and looked in poor condition. He told Hansen ho would not take the horso away, but would call again. He did not aek the defendant to blister the horse. He called for the horse about ten days later, and the defendant refused to give him possession of the horse because he had not made up the account. He told witness afterwards the account was £1 11s. Witness offered to pay for two week’s grazing, and the cost of advertising that the horse had been found, 19s Gd in all. , Edward Miller said he borrowed the horse from plaintiff in 'December last. He lost the horse from the British Empire stables. It was next seen in the following April at defendant’s hotel, Kaitaratahi. The horse belonged to Gardner, who, with witness asked defendant for the horse. Defendant admitted the horse belonged to Gardner, and it was agreed to leave the animal until they could call again. The defendant said the horse was brought to his paddock in poor condition, and ho advertised the fact m the newspapers. The horse was in a weak condition. He blistered the horse. He was prepared to hand over the animal to the plaintiff when the charges were Hewson. boarder at defendant’s hotel, said lie was present when plaintiff asked for the horse. Plaintiff refused to pay the charges demanded. James Patterson said he was taking the horse to the Ormond pound, and findin" the horse was lame left it at the Kaitaratahi Hotel. The horse was now in better condition, but was quite sound. .■ ~ , , . ,-rc His Worship said the plaintiff was entitled to recover the horse, and judgment would be given for its return.' On the counter-claim judgment -would be given for £2 12s Gd, but costs -would not he allowed on either side.