RESIDENT MAGISTRATE'S COURT. Yesterday. (Before H. A. Stratford, Esq., R.M.) CIVIL CASES.

North Otago Times, Volume XXXVI, Issue 7396, 22 June 1892, Page 3

RESIDENT MAGISTRATE'S COURT. Yesterday. (Before H. A. Stratford, Esq., R.M.) CIVIL CASES.

Wm. 800 v. Hugh M'Eldowney, claim Ll2 12s. Mr Loo (Ilislop and Croagh) for plaintiff, The amount hail beon paid into Court, and Mr Loo applied for costs, which wore granted. James Coonoy v. David Garvio, olaim L 3 for goods supplied. Judgment for amount claimed with 6s coats. J. M. Brown v. Honry Davis, olaim L 3 9s 8d on a dishonoured cheque Mr Harvey for plaintiff. Judgment for amount claimed with 6b costs. T. 0. Dennison v. Michael Whito and John Rodgors, claim L2O. Mr Leo (Ilislop and Oroagh) appoared for the plaintiff, and Mr Harvey for defendants. Tho dobt was admitted, and a sot-off for Ll6 7s 6d was put in. To provo tho sotoff Mr Harvoy called Michael White, who said, in April, 1893, ho worked 25 days for plaintiff at ordinary wa|es~Llo. Ho was 4 days showing intending contractors over tho ground, for which he charged for himsolf and horoo L 3; and there wan also L 3 7s fld ho had paid Michael Gallagher for wagos in connection with tho Mountain Hut wator race Gallagher was working at tho timo Mr Percy Mitchell was ongaged on the race. Mr Dennison engaged defendant in his office. Ho remembered tho case hoard in that Court against Mr Dennison, brought by Mr Mitchell. To Mr Leo defendant said his partner and himself had agreed to soil to Mr T. C. Donnison, witness still holding 630 shares in tho company for his rights. It would have beon to his intorost to got the Company floated. He was present at a meeting of directors at which it was docidod that Mr Donnison should call for tenders for tho firßb 4| milos of the race, part payment to bo in fully paid up shares and part in cash. After the mooting Mr Donnison ongaged him. Ho told Mr Dennison it was not necessary for a surveyor to go up to tho raco to lovol it, as any two ordinary mon could do it. Ho understood Mr Dennison was to pay him for his work, Although he could not say that tho mattor was mentioned. Mr Dennison could not draw out the tenders till the work was done by witness. His sale to tho Company had alroady boon effected. Ho had never had any scrip of shares in the Company, bocauso tho Company was never registered. Ho could not recollect saying in a previous case that he expected to be paid by tho Company. Ho expected to be paid through Mr Donnison. He had paid Gallaghor 50s in cash, tho balance ho had previously lout to Gallagher. Tho account produced was in witness* handwriting. The raco had boon partly cut on the levels taken by Mr Mitchell. To Mr Harvey : Ho had asked Mr Dennison for payment of thoaccount, and Mr Dennison had referred him to the Company. Ho saw Mr Finch (the chair- ( man) who said tho provisional directors wore responsible for the debts incurred on behalf of the Company, amounting to L5O. Mr Lee hold that thoro was no case to answer, inasmuch as plaintiff's claim was against the partnership, and defendants was a private claim against plaintiff, and could not bo put in as a sot-off. Mr Harvey said defendant had distinctly stated in tho box that the claim was on account of tho partnership. Mr Leo called T. C. Donnison, who said ho remombored White and Rodgors wishing to transfer thoir rights in tho Mountain Hut water raco to a company. Ho acted as Secretary for the Company, and was present at a meeting of directors on the Oth April, 1891. Tho minutes produced were the correct ones, signed by the Chairman. White and Rodgers were present at tho meeting. In pursuance of tho terms of tho resolution to call for tenders he had an interview with Mr Whito, who said thoro was no need to put tho Company to the expense of sending up a man, as ho could do tho work of taking the levels himself. Ho never instructed White to go. It .would assist tho promotion of the Company and tho sale of Whito and Rodgers' interest if the work proceeded. Ho had never had an account from White till tho present proceedings arose. In the case of Mitchell against witness, White stated on oath that ho expected to be paid by the Company. To Mr Harvey : Witness had been appointed legal manager of tho Company, and had repudiated liability in the case against himself by Mitchell. Ho had no recollection of saying that it was hard luck that Whito should not be paid, lie had never had anything out of tho Company, and had never beon paid for Mitchells claim. The Company was never formed, but he was anxious that it should bo formed. He had boon appointed legal managor by a resolution of tho directors. The set-off was disallowed, and judgment was given for L2O with costs (amounting to L 4 4s. Tho Magistrate held that at no time had Mr Dennison rendered himself liable for tho claim,