R.M. COURT.-This Day.

Auckland Star, Volume XXI, Issue 4122, 20 September 1883, Page 2

R.M. COURT.-This Day.

[Before H. G. Seth Smith, Esq., R.M.]

Judgments for Plaintiffs.—Dr. Evans t. John Lepper: £4 Ss, medical services. Mr E. Cooper for plaintiff.—Robert Stow v. G. Bayers: £1 ss. Mr Speed appeared for defendant and offered 7s 6cl per week, which was accepted.—B. Tonks and Co. v. John Robinson: claim £12 14s 3d, dishonoured cheque. Mr Dingwall proved. Mr James Russell for plaintiffs. Costs, £2 ss.—Seccombe and Sons v. Thos. Kelly: £19 2s. Mr Ussher proved the debt. Costs, £2 6s! Mr Keetley for plaintiff.

judgment summons cases.

Thomas Faulder v. Henry Lewis : claim, £2 4s.—Mr George for claimant.7 Defendant said he was a carpenter, and during the last three months had only earned upon an average 30s per week. Be had lost considerably on a contract.— Ordered to pay the whole within a month on defendant's terms.

Joiix Leckl v. John Mullally: claim, £12 13b Id.—Mr Tole for judgment creditor.—Defendant was examined as to his means. He deposed that he should hare paid plaintiff had he waited a while. He could not say what he was worth. Sometimes he had £1 in his pocket, sometimes not a shilling. He was at present cast upon the rocks.—His Worship: " When do you intend to pay this debt?"— Mullally : "Can't say; that depends upon God and the weather."—His Worship: "There's another summons against you, I see." —Defendant: "Oh, yes, your Worship; there are about fifteen of them."—The neik case was taken, viz., Wallace v. Mullally: claim, £7 15s tld.—Mr Alexander appeared for judgment creditor.—Defendant said he might havo paid judgments since May, ISS2, to the tune of £30, but not into Court; he did not believe he had paJ£_| peuny into Court. He knew he had1 a fortnight's holiday in the Stockade, and & would not be amiss to keep him there altogether.—Mr Alexander asked for sa order.—Defondant said there were lots ol persons who owed him money, but if he got judgment in any case, he was immediately collared by a host of creditors who eased him of the coin.—His Worship ordered that both claims be satisfied by the 4th of January next, or 14 days in one case and 10 in the other.—Defendant said that was moderate, and agreed to do his best.

John Hkim v. John Murphy.—Claim, £3 2s.— Mr Ed. Cooper for judgment creditor. —Plaintiff gave evidence as to tbe nature of the debt, which was still unsatisfied.— Mr Cooper said the judgment debtor was earning 5s a day, and had found money to take a trip to Gisborne with his wife and family.—Ordered to pay within the nert four weeks, or 5 days' imprisonment. Action for Recovery or Tenement.— Mayor of Auckland and others t. Henry Connop.—This action wasbroughttorecover possession of property in Wakefieldstreet. —Mr Cotter for plaintiff, and Mr Edward Cooper for defendant.—Henry Connop deposed that he was by trade a painter, and that ho purchased the remainder of a lease off John Payne forfouc years, which had to run; he accepted Payne's interest ia the same for a consideration, and signed the lease in the office of Messrs Russell & Devore; he was very particular in signing any documents in a lawyer's office. Some time ago a person from the Council surprised him with the information that his term had expired, and theyhsd high words about it, he believing he had a year to run.—Mr Cotter called the defendant's attention to several advertisementin tho daily papers, showing tbat leases of other properties had four years to run, but in this particular case the balance of lease was only three yearHe had tendered rent to the Council since, but the Council refused to take it, and he refused to give up possession until the eed of the fourth year.—Phillip Aaron Philips, Town Clerk, gave evidence. He kedv the praporty iv question, in the occupation of defendant, and belonging to tie Corporation. The lease was sold by auction by instructions of the Council. (Conditions put in in evidence). —Mr E. Cooper objected to the conditions going in ; it was not ah agreement between tnem. Mr Cotter said ho did not intend to put in the agreement. —His Worship said it was simply the conditions of sale.—Mr Philips continued: The sale was effected, by Mr Grant, sinco dead.—ilr Cotter asked that the minute of the Council on the subject might be reaej..—Mr Cooper objected, and thought \t was inadmissible. —Bia Worship ruled that it might bo read.—Mr Phillips then read the minute of tho 28th November, 1.875, authorising the sale cf leases of this and other properties and was advertised forthwith. Aft ersor was mad* in tho lease, and when Ms-Connop tendered the rent at the end »>* the three years, he explained matters, to Mr Connop and told him that ho could not take the rent. Connop replied that he would have further benefit out of it.—Charles Brown, solicitor's clerk, deposed to engrossing the lease of the property from conditions; the lease was originally in favour of Mr Payne. —At the close of the evidence, His Woralrip ruled in favour or plaintiffs, defendant being allowed one month to make .his arrangeuwuts and give up possession of the premises.

Extraordinary Cass., i Stanford v. Reed.—Claim, £19.—Mr Theo. Cooper for plaintiff and Mr Edward Cooper for defendant..—Mr E. Cooper said the particulars were insufficient, and de. fendant wished to know what he had to meet.—Mr. Theo. Cooper said there was but one transaction between the parties, snd that was on the 14th of September. He would admit that the particulars were but meagre. He then stated the facts in eonaectian with a case of some notoriety.. The plaintiff issa hotel-keeper at Ponsonby, ana defendant a contractor. Qn the evening in question, the plaintiff was making up his takings for the day. viz., notes £39, gold £5. After the bank-slip had been made out, det'endanlt asked change for £10,. which was handed to defendant across the counter. The change consisted of 'nine notes and one sovereignMr Stanford they. said, "Old man, you have not given W tho ' ten'er'." Defendant asserted that he had 11.-en the £10 note, and s—bscqucntly said he gave two £5 i.otes. The evidence was then takenWilliam Stanford, licensee of the Ponsonby Club Hotel, deposed to knowing the defendant, Alfred Reed. On the 14th inst. ho took the money from the safe and eo|"_ t®i' It for the purpose of sending it to the bank(Amount stated.) Saw defendant at _&

bar It was about 10.30 in the morning. Made the bunk-slip out at the time He , held the notes, gold, and bank-: .slip in his hand. Mr Reed said, "If you ', are coin" to the bank you might cash me a ten'r and save mo going to town. He consented, and gave him the change.B ave him nine notes and a sovereign, and corrected his slip. Haw defendant take the money and put it in his pocket. _ Ho asked for the £10 note. Defendant said he had given it. He allowed defendant to count the whole, and seeing two £5 Union Bank notes, he said the Union notes were those which he gave. He told defendant he must have made a mistake, as he had similar notes in his hand. He lid . not give him the Union Bank notes. They I were in his possession before defendant , came in. Defendant did not produce a note . for the change. He took out his purse, but did not produce any notes. He was quite j positive he never received a note from | Reed. Witness immediately went to town j by the 'bus. Saw defendant near the j Union Bank. He said, " You are wrong about that note." He said he wanted no , further altercation about it, but would see ; his solicitor.—To Air E. Cooper : Mrs Stan- | ford was in the bartho whole of the tune. Emma Stanford, wife of plaintiff, corro- I borated her husband's statement; she j counted over the money, amounting to £44, in the bar-parlour; she handed the money to Mr Stanford, who took it into the bar. Defendant asked for change ; she _ was standing beside her husband at the time; saw the°money given to Mr Reed, but did not see Mr Reed bund over tho note.— John Samuel Day, coal and wood merchant, gave evidence, he counted the money ana j examined tho slip at the urgent request of | Mr Stanford : The slip shewed £4-1, the money amounted to £34: £10 short.— (Left Sitting.) I