RESIDENT MAGISTRATE'S COURT. Friday.

Auckland Star, Volume II, Issue 453, 23 June 1871, Page 2

RESIDENT MAGISTRATE'S COURT. Friday.

(Before Tho.ma3 Beckham, Esq., Resident • Magistrate.) Defended Cases. — Davis and Brooking v. William Henry Messenger, junior.—This was an alleged breach of contract, damages claimed £1.4' Bs. Mr. J. B. Russell for the plaintiffs, Mr. Joy for the defendant. In opening the case Mr. Ru'?sell stated that ho had several similar eases in his hands which would bo' brought forward or | withdrawn according to the decision given in the preseilt case. Mr. Messenger junior wns called, and deposedjthat Mr. Brooking called for him about the 17th May, and asked him; !if he had any shares in the Inverness Gold Mining Company ? Witness replied that he had not, but that lie knew of a person who had, meaning his father. Mr. Brooking offered him 19s a piece for them, if he could get them. Witness afterwards siw his father j who refused to Bell the shai'es at that price;. Witness then saw Mr. Brooking and told him iio could not get the shares for him.—Mr. Brooking deposed that be made the purchase from the defendant, who refused to ratify it. AVitness had, on the faith of gel ting the scrip from tne defendant, sold eighteen shares to Mr. Owen Jones. Aa he could not get them from the defendant, he had to buy them elsewhere, and had to pay 355. for. them. The difference between the 18s. and 355. was the amount which he now claimed, that being his estimated loss through the defendant's breach of contract. —Alexander Bruca gave corroborative evidence.—Mr. Joy wished1 to examine Mr. Messenger, the defendant, but Mr. Russell objected, saying that Mr. Messenger had been already called. An argument ensued. —The Court ruled that the defendant was entitled to be called.—The defendant was then re-called, and examined in in chief by Mr. Joy.—Mr. Messenger, sen.j was also examined. (Left sitting.)