DISTRICT COURT.—Monday.

New Zealand Herald, Volume X, Issue 2796, 14 January 1873, Page 3

DISTRICT COURT.—Monday.

[Before Hiß Honor T. Beckham, Esq., District Judge.] UNDEFENDED CASEB. Judgments toe Plaintiffs. —J. Pearce v. J. Moon : This case was heard last Court-day, but judgment was reserved. The Court now gave judgment for the plaintiff for the sura of £21, with £9 costs. —W. L. Rfes v. Coromandel Bench Gold Mining Company : This was a claim for £73 lis lOd, bill of costs. The case wss heard last Court-day, when the Court deferred its decision. Jud-juaenl. was now given for the plaintiff.—P. A. Philips v. tho Lucky Digger's Gold Mining Company. Claim, £21 lis lOd, for money paid. Tho plaintiff having boen examined, a verdict was given in his favor. defended cases. T. Kelly (Tkustei:) v. V. Heath.— Claim £100, trover.—-No appearance of the plaintiff, but tho defendant mid his solicitor (J. B. Russell) were present.—The case was ordered to be struck out, with costs for the defendaut. Sioth and Walkeb v. Green.—Claim, £47 7s 6d, balance of account. —Mr. J. B. Russell appeared for the plaintiffs.— Mr. Joy, for the defendant, applied for an adjournment, on the ground that his client was absent at the Fijis in charge of the schooner Sea Gull.—Mr. Russell objected to any adjournment. The defendant had been served with the summons previous to his departure. Had the plaintiffs known that, ho had meant to

leave, they would most certainly have arrested him. As for his being master of the Teasel, ho was no such thing. Ho wns part owner. There was no occasion whatever for him to have gone away. The Court asked what advantage the plaintiffs would gain by a judgment in the absence of the defendant. ?—Air. Kusaell replied that the defendant had property in Auckland. lie did nut object to mi adjournment, if security were given.—The Court suggested that judgment should be allowed to go by default, and then, if it could be proved by affidavit, before nest Court-day, that any action was being taken on behalf of the defendant, speedy execution could issue. If, however, the defendant were here next Court-day, then the whole case might be gone into.— After some liftlo further discussion, it was resolved lo put the case at the bottom of the list.

If. Asiiton v. J. Williamson'.—Claim, £100. —This was a claim for £100, for highway rates. —After some little discussion the case was adjourned for a fortnight.

Makaobe Kakati v. John Lunbon'. — This was a claim for £3S 15s, for services rendered.—Mr. .Russell for the plaintiff, and Mr. John Sheehan for the defendant. —This ease has been several times before the Court, having been adjourned from time to time. It has been previously reported.—Several witnesses were called, who gave their evidence in the ease, when Ilia Honor decided to reserve judgment. Saint axd VYat-kee t. T. G. Green.— Mr. J. U. Russell for plain!iff, and Mr. Joy for defendants. Claim, £47 7s 6d. This was a claim for a balance of monej' due to the plaintiffs, who had purchased as agents for the defendant shares in the Green Harp and Coromandel Beach claims. These shares were held by tho plaintiffs at. the defendant's request. Tbe shares afterwards fell in value, and at defendant's request they wore sold. The loss on such shlo, with commission and interest added, was the subject of the present action. The defence admitted that instructions to purchase the shares had been given ; but contended that the Green tlarp shares had not been purchased and delivered within a reasonable time. The purchase and delivery of the shares in the Coromandel Beach claim was admitted,; but it was alleged this debt had been fully, discharged. The defendant also denied having • authorised the sale of the shares.—S. Hague Smith deposed that the defendant gave instructions to purchase twenty Green Harp shares for him, and a number of shares in the Coromandel Beach Claim Gold Mining Company. The shares were purchased in accordance with these instructions, and the defendant asked them to be held over, as he was unable to pay for thorn at the time.—To the I defendant: The Green Harp shares were not t transferred to defendant. The defendant paid £50 on account, and the shares in the Coromandel Beaen Gold Mining Company were transferred to him. Subsequently the shares in the Green Harp Gold Mining Company fell considerably in value, and the defondant told tho plaintiffs to sell the shares, and save losb themselves, as he was unable to pay for them. The shares were sold at market price, and the total loss on them was £41 5s. —Corroborative evidence of Edgar W. Walker was taken. — Mr. Joy addressjd the Bench for the defence. —Mr. Russell replied, when His Honor gave judgment for plaintiffs, with costs.