RESIDENT MAGISTRATE'S COURT. Thursday. [Before T, Beceham, Esq., R.M.]

Daily Southern Cross, Volume XXIII, Issue 3188, 4 October 1867, Page 4

RESIDENT MAGISTRATE'S COURT. Thursday. [Before T, Beceham, Esq., R.M.]

VERSOHT Y. MABIN. Thi« case wu called for judgment upon the award of Mr. Wynu, arbitrator. The award let forth that there was nothing due from defendant to plaintiff, and the costs of the action should be paid by plaintiff, together with the expense of award. Judgment paired accordingly. JUDGMENTS POR PLAINTIFFS. Hardington's estate v. Plimpton, £3 10«.; Elley v. Teague, £4 la* 10d.; Edmonds's estate v. Edmund Combes, £3 175.; Hale v. JBowern, £5 55. ; Winder v. Gratten, £3 ; Collins v. Shawe, £1 ; Collins v. W. Leary, £2 10s. 6d.; Morriu v. "Woolfield, £6 10s. ; Giles t. J. J. Hooper, £1 13s. 34d.; Giles v. T. B. Cameron, £14, on promissory note j Montgomery v. T B. Hannaford, £5; R. Lusk v. Steel, £12 18s. 6d.; W. C. Hill t. G. a. Calvert, £5 135.; Harvey v. H. Smith, £8 Is. 4d. JUDGMBNTS CONFESSED. Posseniskie v. Foley, £4 155.; Seccombe and Son r. Pope, £10 14s. 6d. ; Bray v. Hanney, 18s. ; Sandeli v. Howell, £1 3s. 4d. j Paul v. Morley, £7 Ss. Id. ADJOURNED CASES. Jones and Co.'s estate t. Warne, £9 183., adjourned for one week ; Burke v. Percival, £19 105., adjourned for a fortnight. BRIDGES Y. QTTIOK. Claim, £20, for work done. Mr. Hesketh appeared for plaintiff; Mr. MacCormick for defendant. Mr. Hesketh explained that the claim was for work and labour done in the building of a sociable, and loss of time through failure of defendant to fulfil his contract in the supply of materials. Plaintiff had received £7 155. on account ; Mr. Quick having paid a bill of £6 15s. for him, and charged him £1 for paying it. Defendant denied that any delay had been caused by him. He had told him he could complete the oontract by applying to the blacksmith for ironwork. He had been employed by the day on other work in the meantime. Defendant called a witness named Calloway, a coaohbuilder, who deposed that the value of the work done was about £12. His Worship said judgment mutt pass for the plaintiff for £6 ss. beyond the payment made. WATTS Y. TAIRBAIBtf. Claim, £2 9a. 7d., for goods supplied. Mr. Macdonald appeared for plaintiff; Mr. J. Russell for defendant. Plaintiff ii a chemist, residing in Symonds-street, defendant being a lady of property residing in the Bame street. The claim was £2 9s. 6d., price of medicines supplied by the plaintiff to a Miss Fanny Tomes, » relative of the defendant, and who had been residing under the defendant's care for some years past. Miss Tomes, it appeared, had been seriously indisposed in the month of (July last, and plaintiff had supplied the medicines prescribed by the medical gentleman in attendance, and now brought his action for the price ; the defence being that defendant had not ordered the goods. Plaintiff deposed that he was a chemist in Symonds street, and was sent for to defendant's house. When there he was introduced to a patient named Fanny Tomes. A member of defendant's family called upon him to attend the house. He gent the medicines with other for defendant and submitted the acoount, but the medicine for Fanny Tomes was not paid for, in consequence of some unpleasantness between the parties. He had been asked to submit the account to Miss Tomes's father, and had done so, but it still remained unpaid. His Bonor said there was an item for tobacco in the aocount, and asked if that was administered medicinally. Plaintiff said the tobacco was for Mr. Tomes, but had not been paid for. His Honor suggested that plaintiff ,had better accept a nonsuit, owing to the non-liability of the defendant. Plaintiff's solicitor refused to accept a nonsuit, and judgment passed for defendant. MCCAUL Y. HURST. Claim, £15 19s. 6d. Mr. Macdonald appeared for plaintiff ; Mr. Wynn for defendant. The plaintiff claimed £15 19s. 6d., the value of grass seed deposited with the defendant for sale. The defendant admitted this, but produced a memorandum signed by Mr. George McCa*ul, agreeing that defendant should appropriate the value of the grass seed towards liquidation of a debt due from present plaintiff to defendant. Plaintiff denied that he had given George McCaul authority to sign the memorandum; and, besides, it could be of no avail having been given, if given at all, in fraud of a deed of arrangement entered into between Mr. McCaul and his creditors, by whioh they were to take a compensation of 10s. in the pound. Mr. Wynn said he attended under the impression that the claim was for goods sold and delivered. His Worship said the terms of the declaration should be amended to the form of an action for goods sold on comnussion. The case was accordingly adjoarned to enable plaintiff to alter the declaration, costs to abide the decision. TRUSTEES EDMONDS'S ESTATE Y. SOSS. Claim, £8. Mr. J. Russell appeared for plaintiff* ; Mr. Wynn for defendant. Mr. Wynn said the declaration did not disclose the names of the trustees who were the real plaintiffs, and he was in ignorance against whom he was defending the action, or against whom he would obtain execution in case judgment went in his favour. After a consultation between the solicitors, Mr. Wynn informed the Court that his friend on the other side had agreed either to accept a nonsuit or consent to an adjournment. The case was then adjourned for a week, with the consent of both parties. BOYLB Y. MCKAY. Claim, £6 11s, 4d., for wages. Mr, Joy, LL.B., appeared for plaintiff; Mr. Wynn for defendant. His Worship gave judgment for the amount claimed. HANLEN AND HARKIHS Y. BUTLIR. Claim, £10 2s. 6d., amount claimed on contract. Mr. Brock appeared for plaintiff ; Mr. Brookfield for defendant. The defence was that the work was not done in a proper manner, and in terms of contract. Mr. P. Herapath, architect, was called by defendant, and deposed that the workmanship was something extraordinary. The staircase wai evidently put together by persona who knew nothing about such work. The boards had not been cleared, nor the nails punched in, as was usual in such cases. Mr. Pugh, builder, corroborated the evidence of the last witness. His Worship gave judgment for the defendant. MCCARTHY T. BARNARD AMD UNLAY. Claim, £12, for damages. Mr, Joy, LL.B., appeared for plaintiff; Mr. Wynn for defendant. This was a claim for damages on tht ground that defendants had neglected to fulfil an agreement entered into with the plaintiff, who sold defendants gum, in consideration of their forwarding the sum of £3 to his wife in Auckland, who was in indigent circumstances. The gum delivered was not of the value of £3, but defendants agreed to remit that sum forthwith. This they neglected to do, and the action was brought to recover damages for injury sustained through their neglect. The sum of £3 was forwarded to his wife eighteen days afterwards. His Worship thought it an extraordinary claim, and scarcely worth occupying the time of the Court with. Plaintiff's solicitor accepted a nonsuit. MCCAUL Y. BLAGROVI. Claim, £9, for a horse sold and delivered. , Mr. Macdonald appeared for plaintiff; Mr. MaoCormick for defandant,

The defence was that the horse had been re-aold v to a person named Vince, who had given plaintiff a promissory note for the amount. Plaintiff deposed that he received the promissorynote, but gave no value for it. He received a note from Blagrove, telling him that Vince had agreed to purchase the horse for £8, and the balauce could be obtained from him, but he held Blagrove responsible for the amount, The promissory note was never paid. His Worship said this was another extraordinary ca'-e, in which judgment must pa*s for the defendant. RICHARDS Y. POPE. Claim, £15 155., for wrongful detention of perBonal effects. Mr. H. H. Lusk appeared for plaintiff; Mr. Brookfield for defendant. Plaintiff deposed that he had resided with the de* fendaut about 18 days, and on leaving did not take away hii personal effects. He afterwards authorised Mr. Lusk, the Provincial Accountant, to prooure the goods for him. He valued them at £15 15s. Mr. Brookfield asked plaintiff his age, to which he replied that he was 18, The case consequently broke down, plaintiff's solicitor accepting a nonsuit. CLA.BRE Y. WALSH. Claim, 145., value of repairs to a pair of boots. Defendant said the boots were to be repaired for 7s. Judgment for the amount claimed. The Court then rose.