COBDEN.

Grey River Argus, Volume III, Issue 176, 28 February 1867, Page 2

COBDEN.

(Before T. A. S. Kynnereley, Esq., JR,.M.) Tuesday, February 26. •ctvil cases— extended jcnisdiction. Girdwopd v. Macfarland.— This case had been heard on the previous day. His Wcrship now. delivered his decision : It appeared to him that this was a case which ought not to have been brought into that Court. There was prinid facie evidence/in the award of the^ arbitrators to show, that the ''plaintiff- Gird-, wood owed: the" defendant Macfarland. the sum of L 309 odd, which sum of course could not be entertaiued until the next/ session of ! the' Supreme Court. It /.appeared to. him that the plaintiff •'■had brought -'this action simply to forestall the, defendant, knowing that-the L 309 could only be sued for in; the: Supreme -Court;/ It/also 'appeared to' him; that the money sued for in this instance had been applied to tlie payment of partnership debts, and this being the case, it could not be said tKat the partnership accounts liail bciii

so '-far. 1 adjusted"^ to enable this particular.' -^m amoittit to be, sued for. He wouKl frive t\x6 --^ plaintiff the|option of taking a nonsuit, or to ' 1 have judgment deferred foramontL Mr -Tyler, on behalf of the plaintiff, elected- tp have judgment postponed^/. Judgment post-/ '" poned for one month. / „ Dbmis Frahkr v. GrinDwooD. — Claim: LIOJ, for goods short landed from theschooiier Emma Eliza. This was a peculiar case. The • ■ plaintiff /Fraher is (v stoi-ekeeper at 7 -thV— '■ :'::: t'akihi. He .shipped' a quantity of gboda ■ from Greymoutli to Pakihi mithe'sehooner"V;' : ':U Emma Eliga, It was/jilleged by -plaintiff that y <ijj| on arrival at Pakihi 'th*er9-'was'-'a : quaiitity.'-'of^ :1; <((3 ■ cargo short /landed, the captain (Mpi^pn}'^ ;^" Shaving given a written ackuo\vledgnient Wl ■ : ; ; that eiicct.; ; Shortly a.f fcer ; w|vrils ' Fraher T" S - ; shipped some goods from Pabilu'/to/Fbx's ; iir : - - : -tlie same yessel--thc Emma Eliza— audbu-./ i." arrival the same, tliiug took place as before,^ / / LSO worth of goods were missing. / In :this// -^' in-t-ince also .'the Captain gave an ackhbw- ,L > bdgmeut that_ the missing goods . -vy ere slioi-b i & landeil. The defence cpusisted in merely ": ; attempting /to .show that some fraud v callusion had been practised. The mate of )• the vessel swore .that he h'a<l overheard con-/ / versations between Fraher and Captain, : Mp-to*, and the impression he had of wiiat ' was said led him to, believe thatalthougli the ; goods were short at first, they could '^fiiicl ' : -\h them after. One of /tlie crew- swore /that . " when at F()x's every package wa^^urned^ottt/- " of the vessel that hacl been in hen - It triiufe^: pired in evidence' that they plaiiitiff /had; ' V offered to . eoinpromise the case for E65, aud . give three months feo pay it in. V : The MftgisV' / ;trate now adopted the plaintiffs view/pf/tiie' '-■ /■ / matter, and gave judgment for the liSoS" ? /;: