RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume II, Issue 547, 14 August 1865, Page 5

RESIDENT MAGISTRATE'S COURT.

COROMANDEL. Thursday, August 3. (ISefore H. Chas. Lawlor, K.M., and James Trocce, Esq., J .P.) tk nui'K v. Fr.ix>'Eßv. Pamages, £19. Mr. Koetly fir defendant. The p'aintifl', a native residing at Kopoutanaki, brought this action against defendant, alleging that he had sustained considerable damage from the cattle of the defendant trespassing amongst his croj'S. Case adjourned till the 17th instant. MntTiti V. I.INCOLS. Wages and money lent, 12s. The items were 10s. for one day's wages and 2s. money lent. 10s. paid into Court. Xhe plaintiff—" a broth of a boy entirely " —when asked what his Christian name Was, stated that it was " Pat, or Patrick for short." Would not accept the 10s.. but contested the 2s. The case therefore went on, and a good (leal of merriment it caused. Plaintiff would have it that he was to receive 10s. for his day's work, which had consisted in pig killing. Defendant slated that Ss. was the sum agreed on. Iho Bench adjudged for the amount paid into Court, and would not allow costs, the sum being tendered prior to the issuing of the Court process. MVKTIIA V. TIIOELEY. Balance of wages, £1 7s 2d. £2 15s 3jd paid into Court. Judgment passed for amount paid into Court, the ruling as regards costs being as in the former case. M'PHEE V, II'MASTEUS. Sundries, £5 lis Gd. Xo appearance of defendant. Judgment for plaintitl'.

wooli.ams v. .irpn sn. Mr. Keetley for defendant. The action in tnis ease was for 10i lid. It a, •peared that a third party had given the defendant an order on some ~nd firm, on which order tile uelen.iaut before leaving for to'.vn. endorsed a certain muii, leading a baaince ot Co 10s lid, which lie was to return to 1111 third party when he hud collected it ; meantime the former holder of the ord-r, being in want of funds, raised money on M'l'hee's rci apt, which al?o showed the balance due; the plaintiff having advanced this balance, on defen l int's ivnirn irom t >wn, p'aintill" acquainted him of what had taken place, whereupon the defendant, the plaintiff said, replied that "it was all right, and that as soon as the order was cashed lie would pay it." Subsequent events, the plaintiff continued, caused the defendant to say that he should keep the <*rder for his own purposes. The plaintiff's evidence was corroborated. The defendant owned to having promised to pay the i's It's Ud back to plaintiff, but with a proviso. The defendant called no witnesses. The defendant afterwards urged that the document was not a negotiable one, and quoted from the "Statute of Frauds." The Bench gave judgment for plaintiff 0:1 the ground that in real equity ho was entitled to a verdict, and also because the promises of the defendant had prevented him from taking other steps to secure the money due to him. The Jiench also stated it would not adjudge by strict law in this case.