SUPREME COURT CIVIL SITTINGS THIS DAY.

Auckland Star, Volume VIII, Issue 2294, 12 July 1877, Page 3

SUPREME COURT CIVIL SITTINGS THIS DAY.

Before His Honor Mr Justice Gillies, and

a special jury, namely, Messrs Boylan (foreman,)' Ireland, Cameron, . Eaton, Coupland, Heath, Harding, Filclor," Urwin, Fleming, and Morrow. ENGOSH AND BRISSUXDIiN".

In this action, Mr 1-J.ees, instructed by Mr Devore, appeared for the plaintiff, William Manvood English, and Mr Keskoth and Mr Lusk, for the defendant, Edward T. Brissendon. The plaintiif sought to recover from defendant various sums of money, alleged to be due for wages, ami for payments made by plaintiff for goods, cattle, etc., in connection wifiii defendant's farm and store at Rnn'giriri. The plaintiif had been in defendant's service as manager, at a salary of 200, and the present- action arose out of the confused state of the accounts between the parties. The amount claimed was about £200. Mr Roes opened the case for plaintiff, and Mr Hcsketh replied. James Morton, accountant, deposed that he was one of the assigned trustees of the estate of defendant. lie had been applied to for wages and money advanced for services at the store, and llangitiri. Mr English Was general manager of the store. He applied m Dacember last for monies alleged to be owing, and shewed him the pass-books and ledger, in evidence of his claim. He carefully examined the accounts, but found'no such sum-as £119 Ss (>d. He had not gone over the books with Mr English, but Mr English had opportunities of inspecting them. He discovered two letters among the papers that came into his possession, signed by Mr English, dated respectively 20th and 2-Atii July, IS7G. He found a debit for tiie £35, posted by Mr English to his own credit of date August S. Mr Heskcth asked that a copy of the accounts might be furnished to the jury. Witness continued. The easii book shews the receipts of £119 8s Gd, and the £35, and other small items, and he believed they must have been paid, as Mr English had posted them-ill his own book to his credit. Cross-examined by Mr Rees :He did not know a man named Jones, he had heard of him. He put in the set off in the action as one of the trustees. He did not ask MiEnglish for an explanation about the £119 ; he had found other errors in the accounts ; lie did not inquire of Mr Brissenden about this special item. He kept the matter secret from both of them for reasons of his own. He had refused Mr English the opportunity of inspecting the books, when he wanted to know what was wrong about them. When Mr Cooper applied he was busy, and could not let him have them ; he was subpoened to give evidence. His Honor said Brissenden was nominally defending the action. < W M. English, plaintiff, deposed that on tile 20th ofJuly he received £119 from Mr McGlcish. "He received it on his own account, for shoop sold by Mr Brissenden who owed him a sum of money winch he ban-owed on the 10th July 1876. He kept the money lent to Mr Brissenden separate so as they should not be mixed tip with trade accounts. There was a balance out of the £115), which he either sent to Brisseuden or paid away on Ins <ICMr Kces examined plaintiff to shew that he had paid a number of small accounts varying from £3 to £20, on account of Mr Brissenden. . Jones, who kept the books, was the servant of Mr Brissenden. His account was admitted by defendant as being correct; lie understood the particulars, but the trustees did not, nor were they likely to know from Mr Brissenden. ,_ Cress-examined at great length by Air Hcsketh : The accounts were so mixed up, that it was almost impossible to .state them His Honor : Whose duty was it to keep those accounts. ? Plaintiif: Mr Jones's, who was employed for that special purpose. Mr J. B. Russell, solicitor, deposed that he was applied to by Mr Brissenden to endeavour to get the matter adjusted with the trustees if possible. He knew he was

Mr DcvfTc, solicitor, deposed that lie had interviews with plaintiff and defendant in relation to this case, on the IG March lie saw them respecting the particulars of the present. Mr Brissenden then ackn nwlcdgsd that they were correct, but he hesitated to sign, a-: he had s n Jones to the Waikato to examine the accounts. H filly.be! c cd the claim was right, but as the trustees would not settle it, they must be made to do so, and he would confess judgment. He handed in a list of moneys paid on his account by Mr English (produced.) Mr Willcocks, the registrar, read out the items of the payments to the jury. This was the case. Mr Rees and Mr Hcskcth addressed the jury in favour of their respective clients. His Honor reviewed tiie evidence as clearly as possible, and submitted the case to the jury.