The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-08-29 00:00:00

COUNTY COURT.

At the County Court, on Tuesday last, before F. Dins.
dale, Egg., Judge, the following cases were heard :
Homer v. Newer:ln.—This ;vas an action to recover
the sum of £l.O, for illegally inking possession of and
damaging a.cart.

Mr. Homfray appeared for the plaintiff, and. Mr. Perry
for the defence.

From the evidence of the plaintiff it appears that he
bought a cart of Newnam on these conditions thet he
should pay the defendant by instalments, end that New.
Tram's name should remain on the cart for t.velve months.
On the 18th of May last the defendant went to plaintiff
house, and took the cart away, and broke it to pieces.
Plaintiff had paid £6 10s towards the price of the cart.
Defendant has kept the sort ever since. Plaintiff said
that he got £1 p Sr week with the horse aurl cart, drawing
:deeds for the nallmakers. When the defendant took
the cart away he lost all Iris trade. Plaintiff got £1 per
week from the 11th of May to the 131 h of July.
Cruse-examined by Mr. Perry: Did not give my con-
sent to the removal of the cart. Detindant brought
with him a blacksmith, and sent me for the tailboard and
dashboard. Defendant's name was on the cart. Went
t, the defendant's house, and offered him the
Newness said he would not lot me have the cart without
paying the lOu, and ths costs for doing it up.
Miss. Homer, wife of plaintiff, said that on the 18th
of May defendant came to their house, and said that he
should have the cart. Witness was not present when the
cart woo bought.

Cross-examined by Mr. Perry: Their home was about
three miles from the defendant's. Her husband did not
go with Newnam to the Cart. Did not see the cart
taken out of the field ; or where the defendant took it to.
Her husband had been getting I:1 a week from the profit
of the cart. Never let the cart soot to anybody.
John Cartwright, nail factor, said that he was inte-
rested iu the welfare of the plaintiff. Went to Newnam's
house, and offered him :tile. Newnam said that he would
not take it; be knew how to do it ; and " glories in his
shame." Mr. Newnam confessed that he had no rest
night or day since he had taken the cart. He would
not have taken it for £2O. He (Cartwright) was very
sorry for the plaintiff, and lent him hie own horse.
Enoch Cartwright, son of the last witness, said he knew
the dlaintiff. Went to Newnwm's house and offered to
pay the money for repairs, when the defendant said he
should sell the cart s second hand.

George Newnam said his name was on the cart. With-
in twelve months his had received from the plaintiff
when he took the cart, £6, and £1 since. He
went to Mr. Homer on the 18th of May, and told him
that he had come for the cert. Homer said that his
horse had died. Homer took him into the field, and
went with him. Defendant's foreman took the shafts,
and he and Homer pushed the cart.
Hy Mr. Homfray : Never gave plaintiff any money.
Said to the plaintiff that he would give him what he
found right and proper,
William Ashmore said he was ablacksmith, in the em-
ploy of Mr. Newnaus. On the above date he went with
Mr. Newnam in order to see what passed between him
and Homer. He was in the shafts of the cart, and Mr.
Homer and Mr. Newnan' were pushing.
His Honour, in summing up, said that there was not
hardly any defence. Plaintiff had paid Di 10s towards
the price of the cart, and offered to pay the rest, and the
defendant refused to take it. He most therefore give a
Judgment for £5 for the plaintiff, and the cart was to be
given back to the plaintiff; each to pay their own costs.
Bowen V. Lane.—At the County Court. on Wednesday
last, before Mr. F. Dlnsdale, Judge, Hviry Bowen, for-
merly a draper, of this town, but n w an auctioneer,
brought an action against Jeremiah L me, china dealer,
for the sum of £lB Ds, for a loss Bust ailed throigh the
defendant's alleged breach a contract.