DISTRICT COURT.-This Day.

Auckland Star, Volume XVI, Issue 3807, 23 October 1882, Page 3

DISTRICT COURT.-This Day.

8-ROOOD, EWBN _; do. V. R. WIjiEMAW.— Mr C-oper for plain till", and Mr Bf assay for def.ndanl.—T.e oase was adjourned till next Court day, In or_er that the bill of particulars might t-e ameuded. J. Ml MoLSNtf-KV. GOTH-IE & L--tf--_. —Mr Cooper for plaintiff, and Mr Whltaker for defo-uants.—This was an action on a ch-rter party. The br.uan«l_« Seagull was chartered fir the plaintiff) la 1881 to take a cargo of piles from H.klaug. to May ot Islands. Three piles were brd-en. and the question at Issue w_s whether tha plies wero broken b. fore or after delivery.— l ho evidence of several witness* bad bee- taken at previous sitting* of the Court. — The plaintiff contended that the piles were discharged In such a negligent manner from the ship that they ware broken; he also held that he was entitled to tbe fietght aoorning from >he oarrlage of potatoes on the return trip, the vessel being nn.er charter to him.— 3a._a._ L-rklna. contractor, was examined, and d--posed to tne above facts; on idlscoirering that three of the piles were broken be gave n recelut »coordU_ly in his own handwriting; Austin Was In his employ.—Robert Mo;l«, ehtpwrlght, _ayo evldenoe as to tbe condition of the piles; aoriie of them unfit for Ue_ -Otoas-e-imined by Mr Whltaker: willltm Warren dart was in the employ of Mr MoLencanat the time; he arranged tne charter; the captain knew for what purpose the piles were intended to serve; he engaged to deliver them safely; he measured the piles after they had been dlßOhargert. from the brigantlne; the piles were split nearly In two; they were ovor sixty feetJames MoLennan depos- d to chartering the . eagull rrom Lirnao- and -a. Ho had paid for the carnage; at least It was s.opped out of hla aooount, viz.JMDllsOd. H« o-rriel the plies for McArthur and t '-a. He rnu to got bo much Sir 100. Chartered the vessel for a lump sum. y Mr Whltakeri He believed the pllei ware the proterty of Mr Robert Cochrane.— His Worship Bald the only question to be decided was the amount ot d»m»KO.-Mr Whl.aker Bald he had no othor evidence to offer than Captain Norman's roo-iptß, shewing that Thomas Auitea had signed for all the pllsb, with the exception of seven In conneotlon with a previous trip. Tats oalnst the o.se Mr whltaker spoks In defence, and submitted that Plaintiff must be nonsuited, as he had failed to o.tu.lun hi. full claim.—Mr Coouer thou.ht as farastwopl'oa Were oonoemed plaintiff was entitled -lis Honor weighed th* evldeno. carefully. and gave judams-t for plaintiff for £23 lis 6d, tbo B-noant of two pU>B; oosts, £7 7s, ' J, B. Kills v Lewis andHeecomb* ; claim £98 liD'Od, trover.—Mr Gaorxo appeared for plaintiff, and Mr Kes_eth for defend.nt.—ln this action whloh has several times b-i-n Dofore the Court tbe olalntlfl claimed for otrt, barnets. etc','Whloh h-d been oeSsjofl at the Junction Hot-1, and, it w«s alla*ed, illegally taken' away, on the lllth of Maroh last, — After taking evldenoe His Honor said, assuming that he no_-sul.-« plaintiff would there be any further JlilKatlon.—Mr George replied that there would not be any more on the part of hlB client touching these proceedings.—His Honor then gave judgment for defendant without costs. i 3d voralothor cases were Bottled ont of Oenrr,