RESSIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume V, Issue 1443, 3 July 1868, Page 5

RESSIDENT MAGISTRATE'S COURT.

Thubsdat. Before T. Beckliam, Esq., R.M. Xck.3on & Russell v. Caeky.—Judgment for the plai:tiffe—£7 12a. 6d. toSEPiELD r. ScHEKrr.—Mr. Lu»k for plaintiff; Mr.J. Buseell for defendant. Claim, £4 175.; for wort done. It will be remembered that in this cnso the plaintiff was nonsuited last Court day.—Mr. Loige read the minutes of tho evidence taken lnet Coirt day.—The plaintiS, examined by Mr. Lusk, deposd : The first lot of goods were paid for about a rnoith after they were supplied by iir. ScherfF, who male no complaint of any mistake in the execution of he order. Mr. Walker ordered the goods afterwtrds supplied.—Cross-examined by Mr. Russell: M'. Vickery and myself took the order for the goods ingestion. Mr. Scherff gave the first order twelve maths before. It was a steam boiler for fl;is ; about Xf inches in diameter, and connected with our steam bder- It was only made for an experiment, and I uo nil know where it is now- Some of the fittings of tb first boiler "Were fitted to the second one In the fist instance we charged for the steam but with the scond boiler we supplied it free of charge. The fireman has no power to take orders on his own reponsibility.—William Vickery deposed to having ben in partnership with the last witness. Renembered supplying articles in dispute to Mr. £herff, and was present when goods were orderod. ]id not remember any special urrangement about nyment. Witness gave evidence iu confirmation of laintiffs case.—Examined by Mr. Sussoll: It was lr. Walker who gave the first order, and Mr. Mateeld wae present. The first boiler would have been .BeleßS for our machinery.—Mr. Scherff deposed to taving ordered the first boiler, and having used it for teaming flax. When the chamber was again rejuired it could not be found. Mr. Vickery eaid loubtloes it would turn up when required. Told the arm that they would hare to find another. Witness supplied a drum and Vickery and Masefield fitted it. By Mr. Lusk: The interval between the using of the first boiler and the order for the second waa 9 or 12 months. Mr. Yiekery e«id the old boiler could ho left at his worke. The second drum wue a2O gallon oil drum, the same eize as the first. The second boiler was used.at.my own. steam engine.—Charles Richard Walker deposed : I wns agent for Mr. ScLerffin Juno, 11-65. and gave the order for a steam boiler to Viokerv and Masefield, and confirmed the evidence of last witness —Cross-examined by Mr. Lusk: I saw the first drum a few days after the orde:? was given for the second. I eaid we should not pay for the second boiler being fitted — Mr. Bussell addressed the Court for the defence, and after a few words from Mr. Luek, the Court gave judgment for defendant.

Hcoan v. Richards akd Bubke.—Mr. Joy appeared for the defendants. In consequence of the non-appearance of the plaintiff a nonsuit was recorded.—The Court then rose.