The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-08-21 00:00:00

POOLE COUNTY COURT, TUMIDLY.
(Wore IL Eynon Roo. Judge.)
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1 H. W. Dickinson v. John French—The official
assignee of the estate of Stephen Joy, lately • beerboust.
Ikeeper, of Newtown, near Poole, • bankrupt, mught to
recover £7 from the defendant, who is a bamboos*.
keep. r, at Christchureli, for a van, hone, and harness
detained by him. Mr. T . of Witoborne, for the
official assignee. On the 20th March Joy took a rarrler'e
van, horse, end harms. to the defendant, at Chrhit-
church, and &Awl him to sell it, which defendant agreed
to Jo; and • paper was made out by • man name I
: Bus.', purporting to be a receipt from Joy for CIO for
the property, to enable defendant to sell it. Joy then
asked French for £4 on amount of the property, and
clef Want tient bia housekeeper upatain for that tam,
but she brought down £3, which was banded to Joy,
and that, h. nays, 1.1 all be ever received of the £lO.
On the following Monday Jo! went to French and
1 ..ire.l him for the property back again, tendered hint the
I £3. and offered km L'l for keeping the harm that time,
which French reftpied to do. In the proceedings in
bankruptcy it transpired, of comae, that the horse,
harems, and van in question sera not duly amounted
for, hence the present action. Defendant mid Joy sold
the hone, harness, and van to him so Mutt hi, creditors
should not have chum, and h. imid him £lO in full for
the property, but afterwards Joy eak A him to let him
have it hack to keep him from going to prison. A
potman, named Barnes, spoke to hearing French tell his
housekeeper to fetch £lO. and said be saw the money
counted out and paid. Afterwards he went with him to
the Woodman Tavere. mar Bournemouth, and there
Joy said, ' I've got £lO yet." when one said, "I should
be very glad if you would pay on. what you owe me,"
end Joy answered, " I don't owe you anything, and will
Rite you • smack on the mouth, if you don't mind,"
and, said the Tritium, "H.. did give 'um somethin'. but :
I don't know what r His Honour said he could not ,1
hot believe that the defendant had paid the whole £lO, I
hut it mem, d evident that French knew the tranmetion :
was a fraudulent one, and done to avoid Joy's creditors. :
VI1111•1 V/0111-1 vitiate any bargain, and the innaggigemee
Wag that the defendant must pey the ki claimed—the
Wane* of the £lO not amounted for by the bankrupt,
and costs, forthwith. Joy was the person who bad com-
mitted perjury, and although he had received his dis-
charge ass benkrupt, on the application of any one
ereditor it would be set aside on the some of fraud.
Defendant said it was hard to have to lay twice.

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Hallam r. Wyatt —This wan a claim of £4 16s. 0.1,
halanew of rent for land. Mr. Harker, of Poole, for
plaintiff. and Mr. Moore, of Wimbone. be defendant.
Pleint,ff is • fanner at Lytehett, arid on the 20th Pont,
1861, he took a piece ef land ef • Mr. 'Carrie, at £lB a
ear rentaL Some ditehing required to he done and.
Mr. Harris mid there was a probability of 1., im dim:ming
of it, and be therefore undertook, on condition el
plaintiff doing U e ditching. that if plaintiff had to give
op the land eta year's end he would allow £6 for the
work, if at two pen' end. C 4, three years' end, 22, and
noth na afterwards. Defendant wanted • portion of
this land, and plaintiff let him about one-third of it as
• yearly tenant at CB 10.. per annnm, on the MOM
terms an hints If as to the ditehing. They entered upon
the land aimultaneouely. On the 19th August. 1866,
when Wyatt went to Ballant's to balance an account,
he said be wanted to settle for the rent, and that be
should like to give up the land at the year's end. The
land had beet. purchased by Sir Ivor Coot, end Bellam
'aid he was willing to give it up if Mr. P)ne, the
ateward would take it. By Wynn's, direction legates
daughter (plaintiff himself cannot write) credited ale.
rendent in her father', ledger with £3 10.. far the year's
rent, leaving 22, and that sum &Ham told Wyatt would
he allowed him as his proportion if Mr. Prue took the
land anti gave the EG agreed op a; hot, if the steward
would not take the land plaintiff said he should expect
defendant to pay the 22, and continue the tenancy. The
land was not required by Sir Ivor Good, and plaintiff
now holns it. In April of this year Bellew entered aeon
the whole of the land, as def. natant had quitted it. The
defence was that between March and August • verbal
notice to quit at the end of Peptember was given
Wyatt, that he did quit at that time, and, thenfore,
the following balf.vier's rent was not doe, and that the
£2 bad been reckoned in • bailees, struck between the
parties an I which had been paid by an execution under an
°icier of this Court. His Honour said there was an ob•
jeetion to the £2, bemuse defendant was to be allowed
It on a certain ,00ii0g000, arising. Mr. Hawker said his
client would give no that item. The judge said there
was no doubt about the Li 15.., and gave • verdict for
plaintiff in • month for that sum.
lirizey r. Dibben. This was an notion to recover £B,
the prim of a horse. Mr. Howard. of Weymouth, for
ilaintiff, and Kr. Harker, of Poole, for cl-fendant
"'he plaintiff. who is • blacksmith, living in Hieh-ereet,
Poole, said that he had the horse in question 11 months.
For eight months previonaly it had boom used in take
the 'bus to and from Poole anion, and prior to that
was the " r" in the coach running to Temple.
combe. Last November, he put the horse out to keep
, at liamworthy, during which time defendent, who keeps
the Britannia Inn, Poole, and be had • chat eliont it,
when the former wanted to buy it, and went to Ham.
worthy to Lok et it. He ached £6 f. r it, but defendant
wanted it for £4 which Brixey refused, and the deal
went off. In April last Dibben's hone became ill, and
be borrowed plaintiff's for some days, during which time
he was to keep the horse and p.y is a day when he
worked it. Afterwards plaintiff had an intervie• with
defendant, when the latter said be ehoold only pay 2s.
*day when he used the horse. Plaintiff then mid he
should mil the sabred, and he sent it to • Mr. West,
who wanted csee, but that gentleman returned it in two
days became it was not powerful enough for him.
Then plaintiff and defendant met at the house of the
latter. and In • Private room in the preeenee of Mn.
D.bhen. only defendant bargaiind to buy the horse of
plaintiff for 28, £4 payable in one month, and the re-
mainder in two month.. Netting was mid &boot active.
big the horse end no warranty was riven, as defendant
mid be knew all about the !animal, and plaintiff ban
previnuely told him it was 6dgetty in harness. Plaintiff
nen, who was at the door during the deal, was sent to
Hitalwortby for the borne, and be delivered it to Tribbra
the sow evening. Defendant worked it from that
time to the 24.13 May, when 1141 sent it back to plaintiff.
alleging that it was • kicker, and he could not harness
It. Plaintiff refused to receive it and he had not seen it
since. Plaintiff called sever.l witnesses to prone con
vocations with ighben at various times, when he said
he had boucht Ise horse fOr £B, aril that it was • good
h 0,.,; also winnows to prove they bad harnessed and
driven the horse, when it was quiet. —ln defence Mr.
Harker admitted the contract, but alleged that it was
subject to a return within a month if it did not suit, and
he also said the horse wan extremely troublesome to
harness, and when in harness very difficult& to control,
that on one occsainn it commenced kicking and broke
the Ades of. cart it was bernemed to, and at mother
time ran away when at the railway station. He called
Dibben and his wife as to the terms of the bargain and
the character of the home, and a witness to spank to the
difficulty there was is harnessing and driving it. In
oram-exeminetion the defendant broke down, and
adinitted be knew what the horse was to harness. as he
had seen it done when he had it on hire; he denied the
stet...gents plaintiff's •itnesves alleged he hd made
respecting the bargain and the horse, but edmitted
having worked the hor.e almost daily by himself or Ids
wan while in hie poessodun. Honour said defendant'.
conduct in the hoc, and the contnidictiog given to hi.
evidence by several avitneases was such that he could
not rely upon his statements. The plaintiff had proved
Lis 'use, and the verdict would be for him with costs.
Meets. v. Taylor.—This was an *onion to recover
for retain done to a boat. Mr. Harker for plaintiff,
who lives at Poole' and Mr. Howard for defendant, a
reenent of Corfe Castle. In consequence of the lateness
of the hoar, his Honour adjourned the cam to the neat
I sours.