R.M. COURT.—Friday. [Before R. C. Barstow, Esq., R.M.]

Daily Southern Cross, Volume XXXII, Issue 5708, 8 January 1876, Page 1 (Supplement)

R.M. COURT.— Friday. [Before R. C. Barstow, Esq., R.M.]

Judgments.— John Matson v. D. Miller, claim, £25, rent. In this case judgment

ha< I been rcsenod — flis Worship gave, judgment t'oi the amount claimed, with , costs. T. Johnson v. U. Williamson, il.iim, £19, in on interpleader. Fn this case the evidence was heard at the last sitting of the Court. The defendant had put an execution into the Occidental Hotel against Burton, but the present plaintiff, Johnson, alleged that lie had purchased the goods from Burton. Defendant ondeavomed to throw doubt upon the genuineness df the puY chase. — His Worship 1 , in giving judgment, said lie had experienced great difficulty in trying to make out a correct account of what had taken place, chiefly on account of contradictory evidence. No doubt, so far as Burton was concerned, the bill of sale was fraudulent. It was made after judgment had been obtained against him in the Court, and it was made under pressure, to give undue preference" to one creditor. Jt was easy to see that Burton hqped to obtain some subsequent aid from Mr. Hancock by giving lriin the preferential advantage over other creditors. Probably he hoped to be put into another public-house, or assisted in some way. It was manifest that Johnson was the mere dupe of one or both of the parties.— His Worship proceed to comment upon the hurried manner in which the sale Was conducted. No third party should be allowed to suffer by the action of the parties. Judgment must therefore pass for defendant, with costs, £2 18s.— Mr. Heskefli applied that the amount paid into Court be paid over to the executing creditor. — His Worship ordered accordingly. D. Miller v. A. Cromwell, claim, £41, damages.— On the application of Mr. Hesketh, this case was allowed to stand over until next Court-day, no judgment to issue in the meantime. — J. Johnson v. N. A. Close, claim, £17 14s. 3d. This case was governed by that of Johnson v. Williamson. Judgment was accordingly given for defendant, with costs, £1 Us. JuixtMEXlv* for Vl vtntiff.s. — William llattray v. Cholinondley Smith : claim, £l3 8a. lOd. on a judgment summons. Mr. Thorne, for plaintiff, stated that Mr. Smith was at the Wade, bul the summons had been served upon Mrs. Smith, Who had promised to deliver it to her husband. Mr. Thorne applied than an order be made that the amount be paid within three mouths, and if not, that defendant be imprisoned. The Court made an order that the amount be paid within sixty days. — G. W. Binney v. J. Had, claim, £7 9s. Gd., goads. Mr. A. Devore for plaintiff. A. Cousins proved the claim. Costs, £2 4s. — J. M. Alexander v. D. J. Scott, claim, £(5 (is 9d., on a promissory note with interest. Mr. Hosketh for plaintiff. £2 (>s.— E. Boucher v. E. B. Lawrence. Judgment summons, £7 Ss. Mr. Thorne for plaintiff. Mr. Brock offered, on behalf of defendant, £2 per month, which was accepted. — W. Easdown v. James Wilson, claim, £12 5s. (>d. Mr. Dnfanr for plaintiff. Costs, £2 5s. Gd. — J. H. Saunders v. T. Horan, claim, £(J 15s. 6d., for a suit of clothes, and 9s. Gd. interest. Costs. 18s.— H. W. Hellaby v. G. Feint, claim, £4 4s. 9d., for meat supplied. Costs, 14s.

M. De Jonoii v. W. Moyle.— Claim : €1 10s., on a guarantee. — Plaintiff alleged that a man named. Wheeler had asked him for credit, but it was refused. Subsequently, Wheeler brought a written order from Mr. Moyle, which authorised plaintiff to give credit to the amount of 30s. , and said that De Jongh might safely trust him 303. more. — In cross-examination, De Jongh admitted that he had gone to Moyle, and asked him to become responsible for Wheeler. — Defendant said he had been in the habit of sending customers to De Jongh, and it was very hard that he should now be called upon to pay. He did not know that Wheeler had not paid the money. — Judgment for plaintiff, with costs, 14s.

W. Hodosox v. Conle\. — Claim £1 19s. for firewood. This case was a re-hearing of one which had been decided in plaintiffs f avou r. The defendant endeavoured to show that certain serge had been given to plaintiff for the wood, and that she and her family were in the stockade during the time when plaintiff alleged that the firewood was supplied. — Plaintiff, Ellen Chapell, Mrs. Palmer, and Mrs. Hodgson, were examied for plaintiff. — W. H. Kisaling deposed that he had demanded payment of the amount from Conley, and had recovered judgment against him for the amount, on which occasion Conley asked for time, and did not deny the claim. — Susan Conley, wife of defendant, who de posed that she managed his business, said the wood was ordered on June 23th.— -Her daughter corroborated her evidence as to the date, and stated that a quantity of serge was given in exchange for part of the wood. — His Worship said, as there was a doubt about one ton of the wood being paid for in serge, he would give judgment for the remaining two tons, which wonld be 25s., and costs (including former case), £3 9s. Cd. — Defendant offered to pay 2s. 6d. per week. — Ordered to pay 4s. a week.

J. H. HoorrcR v. (J. De Tiiieiiuy. — Claim, £4 4s., for professional services. — Plaintiff deposed that lie had attended de fendant's son five years ago, for a fractured arm, and witnesses, named Bird and T. Usher, gave evidence that they had applied to defendant for payment. — Defendant,crossexamined, gave evidence as follows : — I never employed the doctor in any shape or form. —Dr. Hooper: "Recollect that you are on your oath." — Baron De Thierry: "'I know that, and I am quite as capable of attending to my oath as you are." — His Worship : "If these recriminations continue, I shall adopt a summary method of stopping it." — Defendant gave further evidence to the effect that the boy referred to had never had his arm broken, that it was merely sprained, and he was ready to submit the boy's arm to examination to show that it had never been broken. — Defendant's son deposed that his aim was merely sprained, that plaintiff attended him twice only.— At this stage defendant requested the witness to show his arm to the Court, to prove that there had never been any fracture. — His Worship said he knew enough to tell that the marks would not now be visible. Examination continued : I was out cutting firewood two days after the accident. — Crossexamined : He did not know the difference between a broken arm and a sprained arm. My father did not tutor me as to what I was to say to-day. We had some talk about the case, but he did not tell me what to say. — Re-examined by defendant : He told me to tell the truth. — Another son of defendant gave corroborative evidence. — His Worship : I have no doubt that the services were rendered. I shall give judgment for £4 4s., and £1 19-i. costs. — Defendant said money was due to him by natives and others, which he found it difficult to get in, and he hoped the Court would allow the amount to be paid in instalments. — Ordered to pay 10s. a week into Court.

Adjourned Cases. — W. L. Rees v. J. H. Hankins ; claim £5 4s. , balance of purchase money. In this caie there had not been sufficient time to receive the notice of service upon defendant at Hokitika, and the matter was adjourned for a fortnight. — W. H. Cobley, v. J. A. Brain ; claim, £11 lGs., money lenb, until next Court day. — Pascoe and Co. v. J. Ellis ; claim, £12. Defendant applied to give evidence on December 7th. Notice of affidavit of summons had not been received from Wellington. The case was therefore adjourned until next Court day. — A. Fletcher v. T. Lnpton ; claim, £2 5s. 3d., goods. — W. Andaine v. .T. Smith; £1, wages. — G. Lendrum v. A. Druminond ; £27 10s., damages.

Settled by Arbitkatiox.— Alison Brothers v. R. Sidwell : Claim, £2 13s lOd., goods. The sum of £2 Is. 4d. was awarded to plaintiff, with costs. — W. Taylor v. J. Moller : Claim, £2 11s. 4d. £2 Is. 4d. was awarded to plaintiff, making, together with costs of arbitration, £4 (5s.

No Appearance. — H. Waite v. H. T. Watts, claim £9, work; J. L. Hatswellv. T. Fish, claim £3 5s. 2d. H. Waite v. C. Woodward, 12s., Avork.

Pawxbkokers' LrcENSES. — L. H. Neumegen obtained a pawnbroker's license. The application of Andrew Heavy being informal vras adjourned until to-day. — This was all the business.