RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 105, 7 May 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., R.M.J Tins Bay. STEACIIAN Y. PONSONBY.

This case, the further hearing of which stood adjourned from the 29th ult., was resumed this morning, ir> order that further evidence for the plaintiff might be produced.

Mr. A. Pitt appeared for the plaintiff: Mr. Kingdon for the defendant. William Cawthron, being sworn, said: I remember sheep being shipped per Claud Hamilton, from Picton to tbe West Coast, about April, ISGS. I recollect a settlement of accounts at Nelson, in which the defendant was made solely responsible for the freight. The freight on the sheep war £366, and the total proceeds of the sheep about £440. I remember the defendant gave a bill of exchange, which Mr. Beauchamp drew up, for £39 25., which I recognise. I don't know how the amount was arrived at. The defendant received the whole of the proceeds of the sheep; the difference between the proceeds received hy the defendant, and the freight was £78 4s. If the plaintiff had been an equal partner, he would he entitled to £39 2s. I can't say whether the bill was given for that half, hut at this settlement no other hill was mentioned. It was admitted by every one that this settlement was a final settlement. The defendant wished to postpone payment of this sum, as he had no cash. A settlement was pressed for by the defendant and Mr. Beauchamp, and a six months' bill, the one in question, was given. I understood by the settlement of accounts that there was nothing more between the two as partners. I did not know of the existence of the bill for £67 ss. lOd.

Mr. Kingdon, on behalf of the defendant, then applied to have the case dismissed, and the plaintiff was nonsuited.