R.M. COURT.-Thursday.

New Zealand Herald, Volume XXV, Issue 9021, 6 April 1888, Page 3

R.M. COURT.-Thursday.

[Before Br. Giles, R.M.] Judgment fob Plaintiffs.—ln the following cases judgment was given for the plaintiffs by default:—B. P. Daweon v. John J. Farrell, £5 14s, costs 16s ; 0. Mays v. William Way, £111s 3d, costs 11s; the Official Assignee v. G. T. Starkey, £13 18s 10s, costs £2 7a; James Brown v. William Ogilvie, £5 17s 4d, costs 16s; H. Maxfield v. R. Frewin, £6 3s, costs £1 16s; A. D. Bennett v. D. Fotheringhara, £2 15s 4d, costs 18s ; M. Murchie v. John Mannix, £7 10s, coste £1 12s; W. E. Payne (City Council) v. P. F. Burrows, £5 10s 3d, costs 10s; W. E. Payne v. John Davidson, £1 4s 6d, costs 6s; W. E. Payne v. R. Skeen, £4 Is Bd, costs 6s; W. H. Hazard v. J. Carpenter, Hβ 6d, costs £1 6s 6d; Henderson and another v. O'Dowd, £4145, costs £1 6s 6d; M. Hamilton v. D. Gear, £10 12s, costs £1 ss; Bank of New Zealand v. George Balme, £8 4e 7d, costs £2 6s; Henderson and another v. John Campbell, £2 Oβ 4d, costs £1 Is 6d; A. Cohen v. Thomas Simon, £5 Is, costs £l 10s; William Grant v. T. W. Wilson, £6

15e 10d, costs £1 16s; National Bank v. W. J. Lloyd, alias Sunderland, £47 109, costs £4 19s; A. D. Bennett v. W. H. Patterson, £2 10s 6d, costs 11s. King, Walker, and Co. v. McCaul and Thornton.-.Claim, £38 17s (with interest), due on a promissory note for goods supplied to the Carlton Club, Newmarket. Dr. MoArthur appeared for the plaintiff, and Mr. Mahony for the defendants. Messrs. Jesse King (King, Walker, and Co.) and W. J. Suiter gave evidence for the plaintiff, and for the defence Mr. Thornton was examined. After adjournment Mr. Stichbury, accountant, was examined on behalf of the defence, and he stated that the second bill for £26 18s 9d was given as a balance in final settlement of all amounts then due, including the original p.n. for £34 17s. Hie Worship gave judgment for defendants, with costs, £4 145. R. E. Peace v. John duie.—Claim, £3 10s. Defendant disputed the accuracy of account, and claimed a set off. Neither plaintiff nor defendant was represented by counsel. Judgment given for £1 19s 6d, with costs 11s. Henry Hardwick v. J. Bpokland Claim, £14, for breach of contract. Mr. Cotter appeared for plaintiff, and Mr. Calder for defendant. Plaintiffs case was that defendant arranged with him to take his vessel, the scow Ruakaka, to Te Mata, where he could have a cargo of timber ready for shipment. Captain Hardwick proceeded thither, but sot no timber, and after waiting two days left for Auckland, and now sued for damage for breach of contract. Captain Hardwick gave evidence in support of the claim, and was cross-examined by Mr. Calder. The defence was that the defendant did not guarantee that the timber would be afloat, and also that the plaintiff did not wait a reasonable time. Mr. Buokland then gave evidence in support of his contention, and was cross-examined by Mr. Cotter. James Bennett, bush contractor, Fredk. Jackson, master mariner, Andrew McLeod, shipping agent, gave evidence for the defence. Captain Greydon was called for the plaintiff. Counsel having addressed the Bench, His Worship held that the evidence did not show that defendant had given a guarantee. Judgment for defendant, costs £5 Bs.