Resident Magistrate's Court.

Marlborough Express, Volume VII, Issue 423, 21 August 1872, Page 3

Resident Magistrate's Court.

MONDAY, AUGUST 19, 1872. [Before S. L. Muller, Esq., R.M.] MONRO V. DONALDSON. Mr Rogers (from Adams and Kingdon) appeared for the plaintiff, and Mr Church for the defence. Judgment had been confessed for .£ll 18s, but the plaintiff applied for Jtiis expenses, as the defendant had not given notice of confession. The case was argued on both sides by counsel, and the decision of the Court was, as the Act says notice shall be given to the plaintiff when judgment is confessed, that the plaintiff in this case was entitled to his expenses, as such notice had not been given.—-Judgment for the plaintiff for £ll 18s and £1 13s costs. GAFNEY V. COWENS. This case was adjourned from last week. After some hesitation as to who should open the proceedings, the Bench ruled that the plaintiff should be called first.—The point at. issue last week was, whether Mrs Mason was the landlady or W. Gafney the landlord, the defendant denying Gafney’s claim for the amount which he admitted was owing to Mrs Mason. —W. Gafney being sworn, deposed that he was the occupier of the house in High-street, where the debt was contracted ; that he paid the rent, and the accounts for meat, &c., now produced, up to the 6th of May last.—By Mr Church : Defendant did agree to pay him (plaintiff) and not Mrs Mason. She was his housekeeper ; he neverhad said to the defendant, “ why don’t you pay the woman the money you owe her.”—Frederick Cowens deposed that he had made the agreement to board and lodge with Mrs Mason ; that he had always paid her the several amounts which he had paid ; that he never agreed with plaintiff, nor ever paid him any money. The order produced was his writing ; it was payable to bearer. It was not for the debt now claimed, but paid in March. —By Mr Rogers : Did not swear last Monday that the order was made for Mrs Mason ; said he was not positive. Did not know anything about the beer, did not drink any of it.—Sarah Jane Mason, sworn: Knew the plaintiff and defendant; did not rent a house in High-street, plaintiff paid the rent; she was Mr Gafney’s housekeeper. [Mr Church : “Happy MrGafney.” Laughter.] She had never received any money from Cowens, nor any order, nor anything representing money; had never been to the shop where be worked ; never heard plaintiff say to defendant “it is a shame you don’t pay the woman. By Mr Rogers: Plaintiff rented the house ; it was plaintiff who took defendant in as a lodger ; heard the conversation at the breakfast table about the beer. Defendant proposed that plaintiff should get two gallons of beer, which was agreed, to, but the brewer had only a three-gallon cask ; never heard defendant object; she usually poured the beer out for dinner, when defendant had his share.—Joseph Scott, deposed that he was a baker in Blenheim ; knew plaintiff and Mrs Mason, had known them about twelve months. Mr Church: “From what you know of the last witness and plaintiff, do you think they are to be believed on their oath?—Mr Rogers objected to the question.— The Court was evidently taken by surprise, and after a few words from the Bench, as Mr Rogers pressed his objection. Mr Church said) “ I withdraw my witness. The other side is evidently afraid of the evidence.” Mr Scott withdrew.— His Worship said he could only decide according to the evidence before him ; he must therefore give judgment for the plaintiff for £l 19s, and 10s costs, to be paid at 20s per month. DONALDSON V. MAXWELL. Claim for £3 8s 3d for goods sold, &c., and cash lent. Plaintiff said he had attempted twice to cross the river last week, and could not do so, or he should have been present last Monday. Defendant did not appear, ' Judgment for plaintiff for amount claimed, and £2 7s. costs.