THIS DAY.

Auckland Star, Volume XVIII, Issue 88, 15 April 1887, Page 5

THIS DAY.

Kelly v. Bdcklakd.—This case waa continued to-day.—The defence was that there had been no reserve specified by the plaintiff.—Mr Kelly had asked Mr Buckland for ; an advance of £100 on the buggy, etc., left with him for sale. Mi' Buckland refused to give the advance, wnereupon Mr Kelly said that two horses he had in Cambridge could go along with the rest as security. Kelly then left, and'subsequently drew on Bucklajid for £100, whereupon Buckland advised him by telegraph that he would not advance more than £80. Buckland would not havo granted the £80 advance .if he had not been empowered to sell without reserve. After deducting commission, grazing, etc., there was a balance due by the plaintiff to defendant of £10 19 9d. Defendant admitted to having offered Kelly, with a view of a friendly settlement, to allow him the £10 Is 9d, and also to get back the bay cob for him if he could do it. Mitchell, defendant's clerk, in his evidence stated he believed that there was a reserve of £45 on the buggy, but nothing on the other articles.—Mr Cooper said the question at issue was, whether there had been a reserve on the horses, bugg^y and harness ? He was willing to accept it as a fact that there had been a reserve on the buggy.—Mr Gover submitted that the evidence and the probability showed that there had been a reserve.—His Worship held that none of the articles had been reserved except the buggy, and the shortage in connection with that was balanced by the defendant's set off. He therefore gave judgment for the defendant. —Mr Gover applied that no costs be granted on either side.—His Worship said that as the verdict was a substantial success for defendant, he would have to grant costs. j T. Waxkkb v. Mrs McLkod.—Claim £2 10s 10s. Mr Burton for plaintiff stated £1 had been paid since the summons waa issued. Judgment for £1 HJs lOd, and costs, 2Js 6d. JUDCMEXT SUMMONS CASES. P. Oliphant v. T. C. Somkrs.—Claim £24 19s.—P. Oliphant deposed that the defendant was employed at the Telegraph Office and was in receipt of £120 per annum. Witness had seen the officer in charge, Ma1 Furby, this morning, and he thought that he could pay £5 per month out of his salary. Witness had waited six months for the money.—Ordered to pay amount before June 17th, or in default '21 days' imprisonment.

Macf.vklaxev. S. Mackie. —Claim, £4 9s. —Mr Blythe for judgment creditor.—W. Paterson gave evidence as to the debtor being in the employ of Mr Matthews, of Ponsonby. The ordinary wages was £2 2s per week and found.—Ordered to pay £1 per week. Jowitt v, S. Mackie.—Claim, £41 4s.—Mr E. W. Burton for judgment creditor.—The same evidence was taken in this case as in the preceding one.—Ordered to pay £ ,lper week, commencing on May 27th. Hoduson" v. H. Whitesidk.— Claim, £1 ;15sf\6d.— Mr E. W. Burton for judgment creditor.—Ordered to pay amount by June 2^tli, or five days in default. W/H. Brett v/Quade.—Claim, £31 9s lid. «~Mr S. Hesketh for judgment creditor. — The judgment debtor was examined. He was a newspaper runner, and deposed that ho had endeavoured to collect the money due to him, but " it was scattered all over the country." All he had collected was 2?. He thought the balance was irrecoverable. He had only earned 53s during the past month. He was not selling any other daily paper ; ho had worn himself to a skeleton establishing the Stab, and ho was not going to do so to establish another new paper. If this case had not been brought against him ho had almost made up his mind to go up the Waikato to work for Mr Fallon, (Laughter.) Debtor, addressing crowd in Court: " Well, gentlemen, you may laugh, but it is so." Mr S. Hesketh said that on the evidence given he would not ask for an order, but would apply for an adjournment. Adjourned accordingly. Wjiitehead v. Oldfield.—Claim £2 16s. —Order made to pay amount in three months.

Jowett v. Monckton.—Claim £6 5s 6d. Mr Blyth for the judgment creditor.— The judgment debtor deposed that he was employed as groom by Dr. Erson and received 30s per week. But he had got notice.—Adjourn to May 20th to give debtor an opportunity of making some arrange^ ment to pay. Harper v. Wilson.—Claim £12.—The judgment debtor, it appeared, had pre* mised to pay 30s per month, but had failed to do it. He was examined and stated that he could have kept his promise had not a case gone against him in the Supreme Court. He thought he might arrange to pay it in three months.—The judgment creditor assented to an adjournment. ' Laybttkxv. PoHLAif. — Claim, £9 7s 9d. Mr (iampbell for judgment creditor. Judgment debtor deposed that he was a cabdriver. Two days after the judgment, was obtained against him, he gave a bill of sale for £25 10s over his cab, horses, and furniture to a Mr Cohen, receiving £5 in cash. Ho had previously owed Cohen about £17 10s, the balance was interest. The cab had cost £65. One of the horses worth about £25, and the other was worth akout £7, —Mr Campbell said that the judgment debtor's action appeared to have been intended to defeat the judgment. He had shown that he possessed £100 worth of property and two clays after the obtain.-' ing of the judgment he had mortgaged his property.—Ordered to pay 15s per week. Lillkwam. v. Howe.—Claim, £6 16s lOd. —Mr Burton for judgment creditor. —J. Howe, a foreman on Mr Lanigan's dock contract, deposed that his wages were 9s 6d per day. He hjftl a large family to keep.. He could not pay more than 2s 6d per ( wee k.—Ordered to pay 10s per week.

. Mr Justice Ward will sit in Bankruptcy on Monday from 10 to 11 a.m., and any business remaining undisposed of at that sitting will be taken after Chambers on Tuesday. The compensation case of R. Lynas against the Mayor and Corporation of Auckland will be commenced before Mr Justice Ward.'Mr H. G. Wade (assessor for the City Council), and Mr K. Cameron, contractor (assessor for the claimant), at 11 a.m. on Monday. The claim is for £500 damages for alleged loss and injury through the drainage of Norfolk-street being directed' onto claimant's land by the street being raised above its fixed levels, therefore also increasing the difficulty of access to claimant's houses.

By advertistment in another column the members of St. Benedicts Christian Doctrine Society are requestedto attend a meeting to make fjnal arrangements tor pignic. ....'-'