RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3805, 25 September 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Prcece, R.M.) DRUNKENNESS. Tc Koro, a native, charged with being drunk whilo in charge of a horse and cart at Hastings yesterday, was fined £1 and costs, or in default three days' imprisonment with hard labor. CIVIL CASES. Wilson v. Mohi Te Akihiko.—Claim £22 Is od. Judgment by default for amount, with costs 19s, and plaintiffs costs for interpretation 10s 6d, also expenses 12s Gd. Hollis v. F. Sturm.—Claim £2 0s 9d. Plaintiff said the amount, less the expenses of tho Court, had been paid at his house last night. Judgment was given for the Court expenses, 12s. Same v. Paraone Kuarc. —Claim £8. Judgment for the amount, with costs Ms, interpreter's fee ss, and plaintiff's travelling expenses 2s Gd. Priest v. Madden.—Claim £1 &s, cab hire. Judgment by default for amount, with costs 7s.

Forster v. Methorcll Bros.—Claim £5 ,3s. Judgment by default for amount, with costs Maloney v. Madden and Hogan.—Claim £12 13s Gd, balance of wages due. Judgment by default for amount, with costs £1 11s, and plaintiff's expenses £2 9s 6d. Rolfo v. Harawira Te Orclia. — Claim £100, judgment debt. Mr Cornford appeared for the judgment creditor, and examined the debtor as to his means since the debt was contracted. The debtor was represented by Mr Lee, and denied possessing any property whatever. All ho ever owned had been given away to his children, and to the "native feasts." Ho was now dependent on his children. Mrs Donnelly was sorry for him, and gave him a buggy last year; the horses he drove in it belonged to his daughter. The harness was Donnelly's. Mr Donnelly gave him the horses a long time ago, but took them back again in 1882. Mr Cornford applied for an adjournment, with leave to complete his examination in chief when the caso is called on again. Such a course would, he considered, assist the cause of justice. After hearing argument His Worship granted an adjournment for three weeks on tho terms named. KINROSS V, WOOD AND FORD (ADJOURNED CASE.) Mr McLean appeared for the plaintiff, and Mr Leo for tho defendant Ford. On the application of Mr Lee all witnesses wore ordered out of Court. Mr Lee denied any indebtedness. His client had not ordered the goods charged for, and was not a partner of Mr Wood's. J. Gγ. Kinross, on oath, said that Mr J. Wood camo to his warehouse and asked for some goods, saying , he was going into partnership with Mr Ford. This was said in Mr Fords' presence. At that time witness had no information as to the name of tho firm. The goods were entered in the name of Mr Wood. He afterwards saw tho name of the firm in the papers. When witness found that Wood had gone away he looked to Mr Ford for payment of the account.

By Mr Loo : The letter produced I wrote to Mr J. T. Wood on July 10th. The invoices produced, and dated for July and August, are also addressed to Mr J. T. Wood. Did not know at that thno what the style of the firm was. It -was in consequence of Mi" Weocl having left the district that the present action was brought. Witness' books showed the amount as debited to Mr Wood. By Mr McLean: Wood had bought goods previously on his own account. When ho called Mr Ford in it was witli the object of introducing him to witness aa his partner. ~. T ,. , Russell Duncan, salesman m Mr Kinross store, recollected the defendants coining to him and ordering goods. Wood, who was the spokesman, led witness to believe that he and Ford were partners. By Mr Lee: Ford said nothing , about being a partner of Wood's. Did not say he had gone into business. During the /time the conversation was going on Ford was picking things up mid Buying "I think wo will take this," or "I think we will take that." Witness put the goods down to J. T. Wood. An employer might, in talking , to an employe say, " we " will do

'ii and so, when in reality be only meant himself. , John Miles, salesman at Newton and Co.'s, said that Mr Ford bought some goods of him on 17th August last. Ford said he was in partnership with an auctioneer at Hasting named Wood, and wanted things to sell." Ford bought 24s worth of goods and paid for them. He also said they would buy largely if Mr Newton would take a bill for the goods. Witness referred him to Mr Newton. By Mr Loo: Ford paid for tho 24s worth of goods on his own account. He paid for them in money. Subsequently be came back with another gentleman whom lie represented as Ids partner. ~•,■■ i James Sidov said ho managed the local α-cncy of the North British Insurance Company for Mr Kinross. TYood did business for the company, and sent Ins cheque for the amount. That cheque was dishonored, and afterwards Mr Ford came into witness's office with Mr Nelson and <r;ivc his own cheque for the amount. Mr Nelson introduced Ford as Wood's partner. By Mr Lee: Tho transaction for which the cheque was given was a private one of Mr Wood's. The money was paid by Mr Ford as an advance to Wood. At this stage the Court was adjourned until 1.43. On resuming Mr Lee snid. he would show by Mr Ford himself, aud by Mr that his client was not a partner of \\ ood s at the time tho goods were ordered or since, and that Mr Sidey was in error when he said that Mr Ford was introduced as Wood s partner. Such might have been the impression on Mr Sidey's mind, but it would be proved in evidence that the matter on which Mr Nelson and Mr Ford came down on that occasion had nothing to do with partnership. [Left Sitting].