DISTRICT COURT.—This Day.

Auckland Star, Volume IV, Issue 1022, 29 April 1873, Page 2

DISTRICT COURT.—This Day.

(Before Thomas Beckham, Essoj,, District Judge.) The Court sat at half-past ten this morning.

MORRIN AND ANOTHER V. THE LYNCH'S TIAT

GOLD MINING- COMPANY. The action was brought by the wellknown firm of iron-merchants—Messrs T. and S. Morrin— to recover the sum of £48 16s, alleged to be due by the Lynch's Flat Gold Mining Company for balance of account against goods supplied in the ordinary course of business. . Mr James Rusrell appeared for the plaintiffs ; and Mr MacCorrnick was counsel fox the defendants. The bill of particulars showed a gross total of £132 16s, t from which a credit had been been given for £84 as cash paid on account, leaving a balance due of £48 16s. Of the gross amount the defendants admitted that they had been liable for £54 19s 3d, but against this they had paid £54. The items £13 2s 3d, £59 Bs, £1 6s, and £4, making a total of £77 log. Bd, they denied .their liability. The case involved simply a question of accounts, the defendants alleging that the goods in dispute were supplied to Messrs Fraser and Tinne, and not to. the Company. ■ . , , Mr Thomas Morrin was examined, and verified to the correctness* of the accounts furnished. # '■ James McGregor, storeman m the employ of the plaintiffs, proved forwarding on. the 25th'April, 1872, a portion of the goods, consisting of a quantity of iron by i^ Royal Alfred to Coromandel; for the defwUi W .i William Grainger, a carman em \<-'< by Messrs T. and S. Morrin, proved v.c x-rmg the goods (which were directed Xo the iLyncVtf Flat Gold Mining Company) to the Royal Alfred for conveyance to Coromandel. He took a receipt from Captain Farquhar. Mr MacCormick took an objection tp,the evidence as being no ..proof of delivery to the defendants, and urged that Captain Farquhar hadtao authority to sign, for the Lynch's Flat Gold, Mining Company. The objection was overruled, as it was admitted that the goods had been delivered, the only dispute being as to who should pay for them. . , . ' Mr MacCormick still urged that the iron was not sold and delivered to his clients, and,the point was argued at considerable length.' Subsequently counsel applied to amend his plea, to which Mr Russell objected, as it would take him by surprise. ; The application was not granted, and the case proceeded. ;- Mr James M. Brigham, formerly clerk to the plaintiffs, proved thatin April, | 1872, Miv McTavish^; manager of the Lynch's Flat Gold Mining Company, ordered the goods specified in the: account on behalf of the Company. j Mr; George Frazer,, of. the firm of Frazer and Tinne, Idenied his liability for the iron supplied by the plaintiffs to the defendants as alleged by the latter, and proved having seen the iron sent by ,the plaintiffs on the defendants premises. Witness produced letters from the Mr McTavish and from the directors of the company, which were tendered as evidence, as proof that Mr McTavish was acknowledged lagal manager of the company. , ,