DISTRICT COURT.-This day.

Auckland Star, Volume XXI, Issue 4194, 26 November 1883, Page 3

DISTRICT COURT.-This day.

[Bcforo Hla Honor Judge Smltii.]

UNDEFENDED CASES.

Judgment went by dofault for the plaintiff In the following cases :-Wm. Rattray v. W. L. Rocs, «29, on a promissory noto ; Kamo Colliery Go.T.Wm.Seoger, &Is>Zi2<l, on a promissory note.

APJGJJRSfgD, Ernoat Saxwcll v. Henry S. Cathbcrt, £26

DEFENDED CASKS. Win. George Garth v. David Gouk; claim. «58 2s, for services rondored.-MrJ. M. Spocd nnneared for the plaintiff, and Mr Thoo. cSoperfor thedefendant.-Thls was an action mX balance of an account in connection with tho baroue Nightingale.-Captain Garth, tho olaintW deposed that ho had been in command of _o Nightingale, ot which dofendant was Swnor TKoßumof£sß 2swasduetohimonthe Sccounts It represented tho amount of a dishonoured draft on James McLellan.-Cross-examined by Mr Cooper. He had rendered accounte to Gouk. shoeing the credit for the draft Ho understood McLcllan to be owner or agent. He had recclvod «JM. ™* had given 6 up possession of^ »J"! >essol, but this amount did not include the *«»■["•— Malcolm Niccol, shipping agent for Mr (Souk, R ave evidence as to pavjng plaintiff on defendant's bohalf, and as to his declining to acknowlodge the draft for £58 25.-James MoLellan deposed that he was formerly owner of the barque, but Bix or ssyen months ago she passed into defendant's hands in consideration of odvancea to the extent of £1,000 that he had mado upon hor. Witnesg, however, was allowed to wor_ her for his own proflt, and it was understood that whenever ho yopftld the-ad-vances the vessel should be returned to him. The_a£tfor£sJ 2s wasmadebyStDkes.theaKent atNewcastle, and would havo been paidby3jlm had ho romaiiiod tho owner of tho vessel. Th lß concluded the case. Tho question of jurisdiction copted a nonsuit. Costs. S3 13a. JUDGMENT CONFESSED. Te Awamutu Cheese & Bacon Factory T. rourt some doubt was felt aB to tiie logallty of tho Act It was agreed eventually that in order to settle the matter, judgment should be formally eivon in Auckland.-His Honor thereKavoTudkmentforthoamountclamed.with Si costs,