YESTERDAY.

Auckland Star, Volume XXVIII, Issue 5, 5 March 1897, Page 4

YESTERDAY.

(Before MrH. W. Brabant, S.M.) UNDEFENDED CASKS.

Judgment was given for plaintiff in each of the following undefended cases .—E. T. Dufaur v. Waaba Tipa, :£IO 6a 9d ; C. S. McDonald and Son v. W. C. Breakell, £3 Is8d; L. D. Nabhan and Co. v. D. A. Rosa, £1* 8a 3d ; G. Foster v. H. J. W. Hurle, £11 16s < J. C. Macky and T. Macky (executors of T. L. Macky, deceased) v. R. and J. Douglas, £16 12«; Wingate and Co.. v. H. Hsad, £24 5s 5d ; F. Powell t. E. Bryant, £5 16s 3d; C. Holmes t. Mrs Brett, £3 ; S. Kemp v. G. Crobb.ers, £10 ; T. and S. Morrin and Co. v. E. Marsh, £4; J. Bavege v. R. Eaton, £1 6s 3d; H. E. Partridge and Co. v. Mrs Williamson, £6 17a 7d; Cleav* and Co. v. Alexander end Co., £10; C. A. E. Tole and M. T. Tole v. H. Eiinton, claim £76 lls 3d, 'judgment for £63 lls 3d; G. Hannah v. Rose Nelson, £13 8s 9d ; A. Aitken v. J. McDonald, £200; Acropolis G.M. Company v. F. Gillibrand, £26 3a 7d • T/. Arkell v. J. A. Finney, £22 12s ; J. C. Colbeck v. J. Bird, £19 10a; W. Mon3,ghan v. R. Jackson, lls ; C. Heskoth v. H. Moses, £10 Is 9d. DEFENDED CASES. fi. Gada and M. Cobtesi v. John Grubb. —Claim, £76 lls.—Mr Dufaur appeared for p'l&inti&s, and Mr Cofeter for defendant, — ?i'ho evidence for plaintiff was to the effect that plaintiffs bought Scotia House boarding-houao, content*, and goodwill from the defendant, and paid £200 on account. The only articles to bo removed were a chesb of drawers, a sewing machine, and one or trwo other things. The piano in tho house at the time waa valued at £50 by defendant. When plaintiff book possession of the house many of the articles were found missing. Tbe knives and forks and »ho curtaias had been changed, and tho piano found in the house had besn replaced by ona worth £3 or £i. Oue witness deposod Ibo having a comrersation with Mra Grubb afber plaintiffs bad looked through the house, and Mrs Grubb said, "These people are going lo take tho placu ; we will take the beab things." — John Grubb, beinsj called by Mr Diifaur, stated that the buairieea belonged to his wife. Before ho left the house he told plaintiffs ho was going to shift the piano and pus another in its place, because tho former had belonged to hia deceased daughter. (Mr Dufaur produced an insurance policy covering tho piano, and thia was transferred to She plainbiSs). Witness stud ha valued h-ia daughter's piano at £20, the other ab £9. Tha plaintiff gob everything thab was in tho house except the piano and a clock. The clock removed was a wedding present to hia wife. For three weeks after the sale witness had seen plaintiff daily and no complaint bad bean made. A week later he offered to return the purchase money if they were nob satisfied, but the offer was refused. When witness transferred the policy to plaintiffs he simply transferred nil the things in tho' house bo them. —Mr Cotter spplied for v nonsuit, bub this was refused.—Evidence; was then given for defendant by Sar&,'u McDonald, Mrs Grubb and Richard Smi^h. —This amounted to a denial that any r,i the articles named as missing wor/j ever removed from Scotia House by demandant. —Mr Grubb, on baing recalled, said there was no arrangement mads as to tba value of the piano which was to rep'laca the one removed.—His Worship reserved,judgment until n»xb Thursday.