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

North Otago Times, Volume XXXVI, Issue 7424, 27 July 1892, Page 3

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

Win. Grant v. John Hannighan. Claim of L 2 19s 4d for goods supplied. Judgment for amount claimed with Court costs 6s. MaryMasseyv. .Tames Familton jum\ Claim of L 2 6s. Mr Lee for defendant. Judgment for defendant. Oamaru Coal Importing Company v. Malcolm M'Kcllav. Claim L 27 14s, for three trucks of Newcastle coal delivered at Otekaike. Mr Newton appeared for plaintiffs and Mr Harvey for defondant. Peter Orr said in October last the company consisted of Messrs Dennison, Lintott, and Skeet. Three trucks of Newcastle coal were sent from the Break water to Otekaike to the order of Mr M'Kellcvr. To Mr Harvey . The coals were charged to defendant, but were afterwards transferred to Mr Dennison's account. The day-book showed that the coal was charged to Mr M'Kellar. Witness sent the account to Mr M'Kellar on the Ist of November. The account might not have been sent again till the Ist of April. The ledger was produced, and showed that the account had first been charged to Mr M'Kollar, thereafter trans1 f erred to Mr Dennison 's account, and 1 then again transferred to Mr M'Kellar 1 s account. He had no conversation with Mr Dennison relative to the account. To Mr Newton : He did not know who authorised the transfer of the account to Mr Dennison, but Mr Skeet instructed witness to transfer the account back to Mr M'Kellar. To Mr Harvey : He was under tho impression that Mr Deuchrass (Mr Dennison's clerk) authorised the transfer of the account to Mr Dennison, but he was not sure. Malcolm M'Kellar said he purchased the coal from Mr Dennison on the street, and although he knew there w.is a company lie did not know tho names of the porsons, but he had heard that Messrs Lintott and Skeet w ere in it. The special arrangement made when he purchased the coal was that he Tvould take it if Mr Dennison's man carted it from the Otekaike siding to tho station. This was carried out, and witness paid Doyle for the cartage. He received the account for the coal, and forwaided the letter (produced) enclosing 9s 4d in stamps as the balance of the account, and also showing contra, for royalty against Mr Dennison. The coal was purchased for Robert Campbell and sons. The l-oyalty was owing by Mr Dennison. After he got the account in April he saw Mr Dennison and asked him why the account was not squared after he had sent him the balance of 9s 4d. Mr Dennison said he had received no balance, and the account had not been settled. Mr Dennison went to his clerk's room and asked if the account had been settled. The clerk said it was, and a balance of 9s 4d in stamps had been sent. Mr Dennison said he never heard of it before. He never received an account from December to April. On the 30th of May Mr Dennison returned the 9s 4d. He returned the .stamps to Mr Dennison, and Mr Dennison sent them back again. To Mr Harvey : He sent the account for royalty to Mr Dennison on the 4th of No\ ember. He saw Mr Dennison at Otekaike and demanded the royalty, as he had instructions to demand prompt monthly settlements. Mr Dennison said there was the coal account to go against that. Witness said all right, that he had not received the coal account, but as there would not be much difference it would be all right. On the 6th of June Mr Dennison sent m an imaginary account fer L6O 19s 7d. He had never heard of that account before. R. C. Skeet said when he found that Mr M'Kellar's account had been charged to Mr Dennison he instructed its transfer to Mr M'Kellar. He acted m his capneity as a paitner in the firm. To Mr Harvey : As soon as he heard of the transfer of the account he ordered it to be re-tiansferred. To the Magistrate : Mr Dennison was a member of the firm, and witness was another. He found something in the books he did not approve of, and he ordered Mr Orr to alter the entry. He did not consult Mr Lintott, but ordered the alteration on his own responsibility after consulting Mr Dennison. Mr Dennison said he had not authorised the alteration in the books. Mr Orr told witness he did not know who oidered the alteration. Witness' impression was that the coal was ordered for the station. The Import Company had nothing to do with the royalty. T. C. Dennison said no arrangement had boen made w ith Mr M'Kellar to Ret one account against another. He w\s not in the office when Mr M'Kellar's letter containing tho 9s 4d in stamps arrived. When his clerk told him of the letter he said there was no arrangement whatever. The cleik had no option but to credit Messrs Campbell and Sons with the 9s 4d. When he received a cheque from Mr Begg settling his claim for surveys he returned the 9s 4d. After the credit had been made in the Coal Company's books Mr Skeet asked witness if he had authorised the transference, and he replied that he had not. He was m a better position now than in December last. He was sued by the Doaks. He could not recollect whether it was three or four months before the debt was paid. He might have met Mr M'Kellar at Otekaike, but could not recollect having any conversation with him. He looked after his business pretty well, and did not know that the credit of 9s 4d was given. He was in the country when Mr M'Kellar's letter containing the 9s 4d came. On the 17th he was m his office, and on Be\eral succeeding days he was away from his office. When Mr Deuchrass told him a long time after, he told him he should not have done so. Mr Deuchrass did not tell him the 9s 4d had arrived immediately after. On the 2nd of November, 1891, he paid Mr M'Kellar, through an order of Doak's, the sum of Ll4 16s 3d. He would not sweav that the money was paid, but it appeared in his books. This was for royalty. He could not say how it was paid. He was not aware that the Ll4 Kis 7d Tvns part of the royalty included in the account. He admitted that L 27 4s 8d was yet owing for royalty to Campbell and Sons. He was not suing Mr M'Kellar, as he had nothing to do with the Coal Company now. There wasa disputed account betw r eon himself and Campbell and Sons. Mr Deuchrass said when Mr M'Kellar called at the office that he had credited Mr M'Keliar with the 9s 4d and not with the full account. Ho could not tell whether Mr Deuchrass had told Mr Oir to transfer Mr M'Kellar's account to witness, and he could not tell how it occurred. He presumed someone had told Mr Orr to transfer the account. Mr M'Kellar might have done so. Witness, Jor Lintott, Skeet, or Deuchrass could have done so, Tho transference might have been made in January. To Mr Newton : Mrs Orr kept the books. To the Magistrate : That was the only transaction the Coal Company had with Mr M'Kellar. He understood the coal Avas ordered on behalf of Campbell and Sons. Peter Orr (recalled) said he hae had a conversation with Mr M'Kellar about the coal account, and he said he was going to settle it with Mr Dennison. John Deuchrass said he was clerk for Mr Dennison. When Mr Dennison was out of town witness opened all his letters, snve private ones. When he spuke to Mr Dennuon about Mr

M'Kellar's letter » w s told not to truns fer the account, lie Himply credited R. Campbell and Son's account « i* h the 9s 4d. He never gave Mr Or any instructions to transfer M'Kelhr'a account to Dennieon. An account of Ll4 16s 7d came from Campbell and Sons demanding payment, and it was credited to Campbell »nd Sons, hut no cheque passed for it. T. C. Dennison (ro called) said notwith- j standing the entry in his books he still owed R. Campbell and Sons L 27 4s 8d To Mr Newton : It was only -i method of book-keeping the writing off ot the Ll4 16s 7d. Tho item would probably be carried forward to nnother ledger under the new pirtneiahip. Counsel; addressed the Court. Mr Hirvey held that tho debt had been settled, because while Mr M'Kellar sent tho li>: lor And stumps in settlement as a sel-i.ff in December no objection was taken till the following May. Counsel quoted from juthoritea in support of his contention. Mr Newton also qucted f;om authorities to show that the debt of a partner in a firm could not be set-off without the consent of his partners. Tho Magistrate [said he was placed in a difficulty by the fact that both the plaintiffs and defendant admitting that the debt was owing by Robert C.impbell and Sons, and not by M. M'Kellar. Mr Newton said that point had never been raised by the defendant, and he did not think he wished to take advantage of it. Mr Harvey insisted on the point being taken into consideration. Mr Newton said he would take a nonsuit, and a non-suit with LI 11s 6d costs was granted. The Magistrate said there was nothing to show that the partners in the coal company had agreed to the satisfaction of the debt by a set-off. LARCENY. William James Spedding, 18 years of age, charged with the larceny of a saddle from Richard Richmond at Duntroon, on or about the 30th May, to which charge he pleaded guilty, was brought up for .sentence. The saddle had been returned to the owner. Accused was sentenced to seven days' imprisonment, with hard labor. Detective OBrien appeared for the police.

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