RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume XVI, Issue 1287, 16 November 1888, Page 2

RESIDENT MAGISTRATE'S COURT.

Akaroa : Wkdnesday, Nov. 14,1888. Before W. B. Tosswill and A. I. McGre-

GOR, Esq., J's.P. CIVIL CASES.

E.Joyce v. W. Everett; claim £8 3s 7d. Mr Potts for plaintiff. Judgment for plaintiff for amount claimed and costs.

F. Potts v. Mrs McCullough ; claim £2 17a Bd.

Defendant applied for an adjournment to procure a solicitor from town, but, on being informed she had to bear costs of an adjournment, decided to proceed with the case.

Mr Potts explained he had been specially instructed to charge Mrs McCullough. Had be charged her husband ho would have been paid long ago. Mrs McCullough deposed to having come to Mr Potts about a cattle case as herhusband was ill. She denied all responsibility. Her husband had not told Mr Pottc in her presence to look to the '' old woman " for payment.. She acknowledged a cheque bad been got from Mr Vnngioni to pay this account and another, but it had been got on behalf of her husband, and it by no means followed Mr Potts would bo paid, as it was placed in Mr Townsend's hands. W. McCullough also gave evidence. Mr Potts had not taken cut two summonses when Mrs McCullough went to him. Mr Potts explained he did not take them out because McCullough was a material witness. Mrß McCullough had herself promised to settle the account. Judgment for plaintiff for amount claimed and costs.

V. Narbey v J. Meehan, claim £4 10s. Mr Potts for plaintiff. Victor Narbey, farmer, deposed he had lent a horse for eighteen weeks to defendant at an agreed price of 5s per week and had received no payment. Judgment for Amount claimed and costs. W. Priest v W. Hartley, claim £2 13s 4d. Mr Potts for plaintiff, Mr Henning for defendant.

Defendant did not deny claim, but there was a set off. The cross summons, however, bad not been delivered in time. Judgment was therefore given for plaintiff for amount claimed and costs, leaving defendant at liberty to sue for the set off. L- Mtlmancae v. George Kearney, claim £7 18s. Mr Potts for plaintiff.

Liwrence Mahnanche, sworn, deposed defendant had left ono aero unpaid of some bush he had fallen for him. One acre of the bush was badly burnt, but plaintiff had done some other bush work to make up for it. Plaintiff also explained item 8s a day tor cattle hunting, and 7s a day for road making. Kearney had refused to pay him for the road work, and had since sent in a contra claim, before receiving which he did not know he owed dofendunt any money at all. _ Victor Malmanche, brother of plaintiff, heard Mr Kearney engage him for roadmuking, and also gave evidence regarding his brother's employment ; in the other matters generally corroborating plaintiff's statement.

Defendant admitted some of the items. He denied he had employed plaintiff to go cattle hunting: he merely went as a volunteer. As to the road making, he considered he should pay £1 a week and found, not 7s a day as claimed. No agreement had been made. James Newton, labourer, deposed he was falling bush at the time of the cattle mustering in question. He went mustering, and dii not look for any payment, and did not understand there was to be any payment to Malmancbe. Was falling bush at the time, and not being paid wages by Kearnoy. Mr Kearney's contra claim was then considered, being £5 5a for feeding horses, services of horse, hammer, hooks, horse hire, etc. The accounts were objected to by Mr Potta, as the particulars were insufficient, exact dates not being given. The Bench thought it would be better not to allow set off, telling Mr Kearney that he could bring an action against Malmancbe for the amount he claimed. They then gave judgment for plaintiff for £6 14s, being for the bush falling and road making, disallowing the three days cattle hunting at Ba, as the weight of evidence seemed to be in favor of it» being volunteered work.