DISTRICT COURT.—Monday.

Auckland Star, Volume I, Issue 157, 11 July 1870, Page 2

DISTRICT COURT.—Monday.

[Before Thomas Beckham, Esq., District Judge.] The usual bi-monthly silting of the Court was held tins day. BANK OF AUSTRALASIA V. HALCTON G.M.C. Mr. Sheehan asked leave to withdraw the application in this case. Application withdrawn accordingly. riSHER V. COSMOPOLITAN LEASE G.IT.C. Claim £27 9s. The plaintiff in this case contracted with the defendants to put in a drive for the defendant?, nt the rate of 12s. a foot. Completed about 102' feet, and received a portion of the money. The claim was the balance due to plaintiff. Judgment for plaintiff. THOMPSON V. COSMOPOLITAN LEASE GOLD MINING CO. Claim, £23 3s. This was a claim for wages. The plaintiff deposed that he had been employed by the defendants, at the rate of £3 a-weck. Was in their employment seven weeks. Judgment for plaintiff. POUTER A'. lIAXNAFOTtD AND OTHERS. Claim, £87 15s. Ud. This was a claim for goods sold to Messrs. Hannaford, O'Keeffe, Logan, and Brissenden. The plaintiff deposed to the correctness of the account. Judgment for plaintiff. BANK OP AUSTRALASIA V. M'ISAAC'S GOLD tuning co. The defendant did not appear, and judgment Wii? passed for plaivitili', thn company to be woun^-up in accordance with the Act. CALLT V. WAITAKEREI GO: V MIXING COM. PAST. The defendants di 1 r of, appear, and the usual wiudiug-up order was granted. BAER V. TAYLOR. Clnim, £53 18s. Id. Mr. James Jiussell appeared for the plaintiff. This was a claim for goods sold and delivered. Judgments for plaintiffs. BANK OP ATTSTiIALASrA V. ATLAS GOLD MINING COMPANY. There was no appearance on behalf of the defendants, .".ml the usual winding-tip o'Mer was gran to i. AKE7W V. CT.r OF GLASGOW GOLD MIXING COMPANY. Mr. WesLon for the plaintiff. The defendants wero indebted to plaintiff to the extent of £32 I!)-1, lid. There was no appearance for tbe defendants, and judgment passed for the plaintiff. Mr. West on applied for immediate execution. Ife had authority from the company to make the application. Application granted. COOPER Y. C'OECGTUN. Tin's ca?e was referred to the arbitration of Mr. Hesketh. HANCOCK V. LEWIS. Mr. HesUeth appeared for plaintiff; Mr. Wynn for defendant. 'J his was an action to recover damages for breach of contract. It appeared that Messrs. Lewis put up to auction 70 casks of Dunedin ale. The plaintiff said lie was the highest bidder. The ale was advertised to be sold " without reserve" to the highest, bon i fide bidder. The defence was that no sale of beer by auction took place.

Gabriel L.'wii deposed that on (lie 51st of March the beer was advertised to be sold. Before the sale was to take place, told those present that although the number of hogsheads advertised was seventy, he had only t.v. enty-seven, and he could not sell that quantity. Mr. De:m demanded the sale of the quantity advertised. Witness therefore declined to sell any. Witness said he asked for "bids" for the twenty-seven hogsheads. Mr. Dean made a bid at 12s fi i for the seventy hog? cads, but witness did not acknowledge the " bid." There was another " bid" of 15s, but witness then told the people that he would " pa?s the beer." He did not sell any of the beer by auction. Witness could not deliver what was demanded, and therefore he declined to sell.

'1 homas Dean said he attended the auction mart of Messrs. Lewis, for the purpose of purchasing the ale advertised. Attended on behalf of the plaintiff. Mr. Gabriel re.id the advertisement before proceeding with the sale. He said the sale was positively " without reserve." He said to the people " It is entirely in your hands ; there is no reserve whatever." He mentioned 70 hogsheads as the number to be sold. Mr. Lewis told his man to get a sample and hand it round. Witness bid J.2s 6d, and the defendant shortly after said he would not take that, but witness could "have it for £1." Witness s ore positively that it was after he bid the 12s 6d that Mr. Lewis reduced the number of hogshead?. The witness contradicted the evidence of the last witness in all material particulars. He was cross-examined by Mr. Wynn, for the purpose of testing the accuracy of his recollection of all the facts. (Left sitting.)