RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2796, 2 February 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) CIVIL CASES. Briscoe and Co. v. Chapman.—For a dishonored bill, amounting to L2l lOs 6d. The plaintiff not being able to prove the signature of the defendant to the acceptance, the case was adjourned for a week. Wood v. Millar.—Lso for u;oj;ey lent, January 31st, 1871. Mr Stout for the plaintiff, Mr B. C. Haggitt for the defendant. According to the statement of the plaintiff, Norman Wood, the defendant, about the date mentioned, asked him to favor him by becoming one of four securities for an over draft by the Bank of Now Zealand, but afterwards said he would uot trouble Mr Beale for an overdraft, so asked the loau of LSO for three or four months. The money was lent without memorandum or acknowledgment. In cross-examination, the plaintiff said he had a contract about the time in which defendant was architect, and had bought some capitals of him, for which he paid on the 27th January. The LoO sued for was not paid’as commission on the contract. The defendant had been asked for payment, twice by himself, once in writing by his brother and once by Mr Stout. The defendant said about the 31st January, 1871, he received L 45 or LSO from the plaintiff for fees aud capitals, and there was a balance etill remaining in his favor of, he thought, about L? 10s, He did not remember speakin" to Mr Uroshaw about a bond. The further hearing was postponed for production of the bank pass-book and specifications of contract.

Murphy and Fraser v. M ‘ hood and Crick - more.—L9o 11s 3d Mr W. D. Stewart for the plaintiffs. Mr Stout, for Crickmore, oleaded not indebted so far as he was concerned, George Fraser, one of the plaintiffs, understood froip both M Leod and (,’ri kmore that they wore partners. He arrived at that conclusion through a conversation with Crickmore five or six weeks after he entered into a contract for timber. Crickmore took delivery of a load of timber, and signed the receipt. On being asked for some money, he said he was the “money man,” and in further conversation he said he was the “main man,” for lie was finding the money to carry on the work, and further, that he had plenty of property, and he would see them all paid. He would sec M ‘Leod that night to arrange about getting money for them. Five days afterwards Crickmore promised that the account should be paid on the pay night. [Left sitting-.!