MAGISTRATE'S COURT.—Thursday.

New Zealand Herald, 26 August 1864, Page 4

MAGISTRATE'S COURT.—Thursday.

(Boforo Thomas Beckham, Esq., K.M.) WATTS V. HAMPTON. His "Worship gave judgment ill this ruse, (heard last week). From the contradictory miture of the evidence, he fhould direct :i non-suit to be recorded, hut as the defendant did not nppcm* to have acted properly in the transaction, his costs would not be granted. GJIAIMM V. J.OMAX. Claim for £17 10s. goods sold and delivered. James Home of the firm of Graham & Co., proved the sale of the goods, at fail- and reasonable prices. Judgment for plaintiff. KijijiiN r. m'casn". Settled out of Court. ItOW'I.ANT) 1\ MII.I.ER, No appearance. Non-suit recorded. I'UOATK V. IIHAITJIWAITE. No appearance. Non-suit recorded. BUCKI.AND V. JIAItWS. At the request of Mr. Wynn, (for the plaintiff), this case was remanded till next week. DUDLEY V. TAYI.OIt AND ANOTHER. Claim for £5 10s. 3d, goods supplied.jj j Judgment, for plaintiff. TIUiIiKLL V, GTJILUINO. • Claim £3 15s. goods supplied. Judgment for plaintiff. JONES AMI CO. V. BLACK IIU.KN. No appearance. Nonsuit ordered. HCCKI.ANI) V. MKKXL.VCHK Judgment confessed. I'OSSENISKIE v. I-OjrAX. Claim for £19 12s. (id. ; £17 Ida. goods supplied, and £2 2s. amount of dishonored cheque. Judgment for plaintiff. SNODGUASS V. DICKENSON. Settled out of Court. KNOIIGItASS V. OXLI'Y. Claim for the price of a horse sold to defendant. Mr. Beveridge for plaintiff. _ A set-off of £4 10s. was admitted, and judgment given for plaintiff for £8 18s. Gd., with costs. SNODGRASS V. I'OLLOCK. Claim for £20, value of a liorso and cart sold to defendant, less £16 recoived, making a balance of £4 due. Judgment for plaintiff. CADMAN V. J tIC JI Alt KS ON. Claim for £9 13s. 3d., value of timber supplied to defendant. Defendant did not appear. Judgment for plaintiff,

KIABSITAIX V. Tn.XrNOTOr, A claim for ffi 125., for certain boxes raid to liavo been made by plaintiff for defendant, according to his order. - ! • Mr. Pevmtljro appeared for- the plaintiff, Mr. Bi'ooktield for defendant., ... . — Marshall deposed that in-August last he had been instructed by defendant to make eighteen boxes, one of which be delivered ; and was ordered to mnko six smaller ones, which lie mado and delivered. A reasonable charge was six shillings and eight shillings each. By Mr. TSrookfield : T will swear no one else was present when the order was given, pilkiiurton said then that he would see mo paid. Mr. George S. Gralinm was not there at the time. I have bad no conversation with Moore about tho poods. Mary Manhall, wifo of the last witness, deposed that rilkington c»mc up with Moore to give tho order, but on (hat occasion plaintiff'was not nt home The next dnv defendant came nlono ; he eaid ho would see plnintifi'paid for tho boxes. The defendant snid that he first went alone to the plaintiff's shop; (ho seeoud time accompanied by .Tohn Moore. Hosnid "Mr Marshall Thavc brought you n customer." T did not nt any time say I would pay him. I believe Moore received the boxes. There was one left at my house, but Mooro took it away. Py Mr. Beveridpe : On my first visit T told Mr. Marshall I wanted pliiiiitilV to make some hoics. These boxes were never put into my cellar. Moore asked me to allow him to pork some types in the boxes ard put tlum in my cellar. John Moore deposed that the boxes wore ordered for him. and that be tent to Mimlmll's and bvoupht thrni down to the printing ofilce. He told Marshall that as sorn as he pot (he money he would pay for (licm. That be offered Mrs. Mnrshall an order for £6 which she refused, her husband not being at home. Judgment for defendant. STIWAUT JJOM-lITSOX. Action to recover ,-CCO, the value of a phirton, which pla'nlifT bad paid by n prcmissory note. but. subsequently lent the trap to defendant, who bad refused (n return it. Mr. "Wynn for plain) iff. Mr. Tloveridgo for defendant. Allen Pit wart deposed to having purchased a plia'tou from defendant for :€CO, vhieli he had paid *rr by a promissory rote, which was witnessed by Mr. T. Mackie. I bad born using the pha'ton before that for nearly two months. I received tho letter produced, (letter read) ; in consequence of which I lent (lie pbsnfrn to defendant. Ife subsequently refused to return it. Py Mr. Pcvcridee: T pot the plurton about the 1 cpirnirp of A pril. and to the date of purchrso in .Tidy T bad it 011 biro for ss. per week. After I had »iven Mr. Pobcrtfon the note, he pave me an order (o Mr. Mnek'V (who bus the pba-ton for repair) 1o deliver it up (o me. It was not an arrecment, but an actual promissory note I pave. Not a word was snid hv defendant about security. Tlio deposit imon Ihopurcbafo eftbe horses 1 boupht was paid by Mr. peberl.'on, who also endorsed the nolo, which is notyet due. di mes Maekie deposed to having the plurton to repair, and that defendant had directed him not to pive it up without his order. That the rote was made cut in bis preFcnee by Captain Stewart for six months, and he witnrfscd it at the request of defendant. who said he wanted nothing from plaintiff but an aeknowledpment. Py Mr. Pevcridpe : It was an ordinary promissory note payable at six months. The last 1 saw of il the defendant bad it in his hand. Mr. Peveridge su ; d be must submit to a non-suit, in this case. DCIiriITFON r. STF.WAUT. Claim for n set of si I ver-mouuted harness, vnlued a( ss. belenpii'g to (he before mentioned plmton, which defendant bad not delivered up ; also a claim for ,-ffi 18s. Pd.. amount of an account due to Quielc Co.. bv defendant, lUiich the plaintiff had paid at bis reouest. Py Mr. Wyrn : T lent defendant the liarnCßS, and applied for its return several times. The defendant denial ever having authorised the pli'irlifto pay any accrunf (o Quick & Co. Mr. "Wynn'tulmiltcd that (here was no nllegation for conversion. with repaTd (o (he harness, tho plain( iff never having made a foimal application for its return. A nonsuit was rceordfd. The defendai't promising (o pav the account £0 IPs. (Id. ou( of the £50 for whit h iudpmt nt had l crn given in the foimer case, and also to relurn (be harness. liAHWsojf r. nrru. CI his case was adjourned until next Wcilnefday.

FCOTT r. T.EI.T.. A claim for ;C2O drn i'g< s for tho lo; ; 8 of a clog said to have poiVonrd lv defendant. Mrwrp. Wynn and Jiufsoll appeared for i 1 >f plaintiff, nrd ii] plied for an rdioumiK nl until next "Wednesday, to allow of (lie production of n inr.teriul ■witness. I'. STAIKS. Action to recover the sum off! for tlio occupation of a lionpo from tlio 10th to tlic 17th August. > Mr. Wynn for plaintiff. " Defendant stated that lie was a weekly tenant of plaintiff. nnd hud paid the eity rate to the collector, the amount of which he had deducted from the rout mid therefore declined to pay the amount claimed. Alexander Cromwell mid defendant occupied n house of mine from 10th to August; the rental for "which. ,-Cl is still due. TTe took the liou?e for a year certain, the rent to he pnid fortnightly or weekly. , The defendant stated tlint lie took'the house on the condition thnt the rent should not be raised for one , year, but that lie could receive notice to quit at any time. He had paid the rntein ignorance. Judpment for plaintiff, execution to be stayed to > allow the defendant an opportunity of bringing a ■ crops action. MVIIIIAY V. AIIEAN. A claim for .£34 for goods, and money lent. Mr. Wynn appeared for plaintiff, Mr. Brookfield for defendant. A set off-was pleaded, fcr work, labour, and commission ; extending from March 2l)rd to .Tune 13tli. Tlio plaintiffs counsel contended that the particulars of the set off should bo given. Mr. Brookfield stated that it was commission of i> per cent., on property sold. The plaintiff stated that, on the 14tli June he lent, defendant a £10 note oil tile New Zealand Bank; on tlio 15th bo gave him a cheque for £20. and that defendant also bought, from him a hop's skin saddle for ft, still unpaid, lie used tho .C2O cheque, as part payment for sonic ale ho bought. By Mr. Brookfield : —I do not remember having asked A dean to act as my agent in the sale of my property. I may have done so. I will swear I never told Adean. I would give him five per cent, if he would take tho trouble off my bands. "We made a written agreement, but I do not know, anything about it now. Ido not know whether a copy of it w;-« taken, nor who took charge of the original. J am suie T did not. I will swear that no amount of com. .ission was stated. Being old acquaintances I should not let liim assist mo for nothing. By Mr. Wynn : I did not give him the sums mentioned in payment of commission, nor did I give him the saddle. Defendant : Plaintiff'told ma I could have tho saddle at cost price. Ho asked mo to get him out of his difficulties—to assist him in tho sale of his property. At the time ho offered mo £50 if tho property would realizo a, .€IOOO. 1 made arrangements with Mr. Cochrane for tho sale, sit the plaintiff's request. By Mr- Wynn : I bid tor a part of tho property myself, which T did not intend to purchase, to assist the sale of the land. That is the part of tho trouble for which I was to roecivo £50. I went to tho sale [to conduct it. It was advertised as an unreserved salo. I was to have 5 per cent, upon tho amount realized up to £1000. I will not swear that othersat tho salo did not bid for lots they did not intend to purehaso. But so far as I know the bids were bona Jide ones. Mr. Wynn submitted thnt the claim of defendant was clearly an illegal one, —if not criminal. Mr. Brookfield. said that the real question was as to whether tho work was done, if so, -whatever the character of tho work, tho defendant was entitled to tho commission claimed. His "Worship did not consider tho ovidonco with reference to the sot off as sufficient. Judgment for tho plaintiff, tho sot off being withdrawn, to enable tho defendant to bring another action. WOOLOAII V. STEUAHT. Claim for .£-t, rent for two weeks' occupation of plaintiffs house, and As. for window broken. Defendant stated that by the agreement (produced) he Vfm a quarterly tenant.

Plaintiff denied that this 'was tho ease after the expiration of Hie first quarter. Defendant stated that the plaintiff agreed to receive the rent as it become clue, after the first quarter. Defendant's wife corroborated liis evidence, but stated that the house during the second quarter was to be taken on the game terms as the first—that is, one week's rent in arlvanco. ■ A set-off'-was produced, but the case was adjourned till "Wednesday next. tizahp r. ncuius. Claim for £44, cash cf'mmitted to tho care of defendant. master of tho ' Sylph,' and which had been lost in tho collision of that vessel with tho ' Susannah CutlibpTt,' steamer. Mr. Wynn for defendant; Mr. Russell for plaintiff. . Mr. Wynn said that tho defeneo was tho money was part of the cargo of the ' Sylph,' and was lost by • the peril of the sea. Tizard. plaintiff, deposed : Captain Noi-ris told me ho had somo money for me. I produce the receipt. Tho money has not been paid to me. Defendant now refuses to pay me, stating that the money was lost by the peril of the sea. Norris. defendant, deposed : X am master of tho 'Sylph.' Tho recciptproduccd is mine. I received the money at Biissrll. After leaving there a collision took place with the * Susannah C'uthbert' by the carelessness of those navigating that steamer. It was nipbt. T had a red and green light over the sides amidships. I saw the steamer before the collision. T first saw a bright light, and about ten minutes before the collision I saw by tho lights that she was a steamer. As soon as I saw she was coming on. T ported iry helm, and also shouted. She appeared to alter her course flightlvbefore tho collision tool; place. Thn steamer ran into me about a mile and a half JT.N.W.'of Pangitoto reef, striking mo on tho starboard bow. Wo were making so much water that we bad to be towed into Judge's Bay, where she filled with water and sank. Tho trunk containing the money was washed off the deck. It contained my best clothes and other personal property. Cross-examined by Mr. Pusfcll : The cargo of tho 'Sylph' consisted of pnm, wool, sheep, &c. I had several "parcels (if money on board, which were brought up as freight. This amount claimed was so brought up. It was impossible for tho hex to have been broken open. I could not have saved it. There was no time to have put th6fo things in tho 'Susannah Cut] beit.' From the place of tho collision to Judge's Pav is about six miles. It took us about an hour to pet there. Whilo tho passengers were going ashore I was trying to save tho lives of the cattle. I did not know, but by hearsay, that the money was insured. At this stage bis Worship suggested that the case Fhould be deferred until tho arbitration in the matter of the collision had taken place, when a tlioiough investigation would be entered into. Mr. Pusscll said he had anticipated that' this investigation would lini-C taken place yesterday, and the case bad been postponed for that purpose. Fxamination resumed : The wind was about east. T was dcsc-haulcd. Tho wind was off Bangitoto. Tho steamer was about south-b.-lf-cnst when I recognised that she was a stefirei. We were going about three miles an hour. T put my helm to port about one minute before the collision. Feeing his green lights it was not my duty to put my helm to port rooncr. (Bougli plan of the vessels' position, drawn by Mr. Bufsoll, which the witness stated to be incorrect, sketching a din PIT-m liimFolf.) I was struck on the starboard bow, tho steamer going at full speed. The effect of putting the holm to port would cast her bead more towaids Pangitoto. Tliesfoamcr ported slipbtly. but too late for tho purpose. If the steamer had poited in time no collision would have taken nlace. By Mr. Wynn : After the collision mv "vessel was in peril of sinking. 7 did my utmost till tho vessel sunk to save her, and the cargo and freight. The box lost was full of my personal effects. I believe the trunk was washed overboard, in consrquence of tho vessel sinking. The trunk was broupht on deck for tlie purpose of saving it, after the collision took place. Tlis Worship said it was impossible upon the slender ovidenro before the Court, to decide whether the collision took place through ncgligcnco of the defendant. Mr. Bussfll submitted that tho peril was not one frem which tho defendant was exempt. Mr. Wynn quoted from ' Abbot cn Merchant Shippirs',' to prove the contrary. Ilis Worship suggested that there was nothing in the evidence to show what ought to have been done under tho circvmstanccs. Mr. Wynn : Steamers are legally bound to give w."v to sailors. Mr. Busfcll objected that tho defendant had produced no witnesses to prove '.be care be stated he had taken to prcseivo the property. It had not been proved that renfonable care had been taken by defendant's si rvant. It was not a loss which would exempt defendant from delivery as a bailee, although that might bo urged as between an insurer and an Insurance Company. Several authorities were quoted by the counsel on either si do: and bis worship stated that ho should defer judgment until a future day. CASKS I'OSTI'ONEI). The cases of Aitken v. Stevens, Snodgrass v. Bennett. Cuddaby v. Cole, and Howard v. Bybum, were postponed until Wednesday next. POLICE COTJRT. —"Wednesday. (Before Thomas Beckliam, Esq., R.M.) nui'NKAuns. Joseph Grmlev,Thomas Frown. Patrick McGhce. Nicholas Bloomfield, Jvobert Hay, Mary Malone,mid Bernard T'cnicv. were each fined ?Ps. and costs, or in default to '18 hours' imprisonment with hard labour. James Sw< cnev, (harped with being a common drtinkartl, was ordered io find two sureties ill .-£SO caeli, to bo of food behaviour for the nc.ct six months. I.AKCENY. JcS'jph Gabriel was charged by Samuel H. Webb, willi stealing a quantity of oranges, value 4s. and Sd. Tho prisoner pleaded guilty, and was sentenced to three months imprisonment, with hard labour. niSOMDIrXCfi OF OItDEJiS. William Dowsctt, a seaman, was charged by John Patterson, master of the barque ' Trinculo,' with wilful disobedience to his lawful commands on the 23rd instant. Tho case was remanded until this day. CVTTINO AM) WOUNIIISC. Fred. Wigney was eharped by Edward Marl in, with cutting and wounding Constable Kenny with a knife. Tho case was remanded till this day, to admit of (ho attendance of the Commissioner of Police.