RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 3308, 12 September 1872, Page 3

RESIDENT MAGISTRATE'S COURT.

Wkunksdav, 11th Si:rTFMiiKK. (Before A. C. Strode, Esq., K.M.)

Boyd Tiros. /•. A. J. Burns.—Claim of £8 Ob Bd, for goods sold and delivered. Mr Harris for plaintiffs, and Mr George Cook for defendant. It appeared that defendant had purchased wool from plaintiffs—the owners of Hindon .Station— for manufacturing purposes. Alexander Thomson, a carrier, conveyed seven bales of wool away from the station, to be delivered at defendant's woollen factory at Mosgiel. Thomson stated in evidence that l»e delivered seven bales at the factory. A. J. Burns, the defendant, admitted that the carrier brought seven bales of wool to the factory, but he only delivered six, saying that the other bale was not for defendant. The present action was brought to recover the price of the seventh bale of wool, which the carrier alleged lie had delivered. After hearing a great deal of evidence, the Magistrate said the plaintiffs had certainly made out a strong ease, but there was one difficult point, that being the absence of a delivery note. If there had been a delivery note, the present proceedings would have been avoided. He thought, taking into account the evidence on both aides, there was scarcely any balance of testimony. Judgment Mould therefore be for defendant, costs to be divided. Smith r. Saunders.—Claim of £4 Ss, for services rendered as seaman on board the schooner Huou Belle. The case for the plaintiff was that he was engaged only for the trip, while the defence waa that plaintiff was engaged for a mouth, and had left the vessel without notice. Mr Harris appeared for plaintiff, and Mr Stout for defendant. The plaintiff's counsel took a non-suit. Grey v. Saundero. —This case was similar to the last, and judgment was given for the defendant. Gordon v. Reid.—The plaintiff in this action sought to recover £50, for six months' wages, payable to him as manager of de endan t's farm, at North East Valley. The engagement between the parties was as follows :—" Duncdin, 27V/U September, 1871. I agree to your terms to continue the work at Spring Bank as at present, only* from mmith to month—either of us giving a month's notice —at the rate of £100 per annum." Mr Stout appeared for plaintiff, and Mr Harris for defendant. The defence set up waa that the engagement under which the present claim was made was a continuous one, plaintiff having bi»en first engaged in 18158. Since that time, £285 4s was the total amount of wages accruing to plaintiff, and of that, defendant had paid £250, leaving a, balance due to plaintiff, under the engagement quoted above —if he were entitled to recover at present—of £35 4s. This sum, it was stated, Mr Reid was always willing to pay, if plaintiff would settle up accounts satisfactorily, which, however, he would never do. Another ground of complaint was that defendant had sustained damage through the gross negligence of plaintiff in conducting the business of the farm. After hearing evidence, the Magistrate said he thought -t was plain from one of defendant's letters that plaintiff, without any deduction, would be entitled to six months' wages. With regard to the accounts, he considered a fault was committed in allowing Gordon to go on for three years without bcrag called upon to furnish periodical accounts. Deducting £!0 for wages prepaid, plaintiffwould then be entitled to£4o. Defendant, however, was entitled to £10, for damage done to his stacks through negligence on the part of Gordon. Mr Stout pointed out that the Magistrate had no power to make a deduction lor such damage, which would have to be recovered by a separate action. His Worship said no doubt that was the law, and he would therefore give judgment for plaintiff for £40, together with costs, although he considered defendant was entitled to a deduction of £10 for damage to the stacks. Bannatyne v. Wilson and GWie. —Claim of £26 Is 9d, for money alleged to lie payable to plaintiff for interest on money lent. Mr Harris appeared for plaintiff, and Mr Stout for the defendant Cowie. It appeared that defendants, who were contractors, had been living at plaintiffs hotel, and while there borrowed money from the latter to enable them to carry on a contract. As they had no security to offer, plaintiff said lie would charge them 12£ per cent. The money lent, but not the interest, had been repaid. Cowie in his evidence, stated that Bannatyne told him, before going into the contract with Wilson, that the latter was va. ma {BaaSwsfdebt to the extent of .£7O and the only chance he flaw of recovering it waa to

lend Wilson money to go into this contract. He advised witness to join Wilson, and he added that he would not come upon witness for interest. Witness never agreed with Bammtyne to pay him 12| per cent. The Magistrate thought there, could be. no doubt that the evidence disclosed Cowie to have been in partnership with Wilson at the time the money was lent He thought the implied understanding between the parties was that good interest should be paid. Looking at the books produced by Wilson, he found interest mentioned therein at the rate of 10 per cent. He would allow interest at that rate, and judgment would therefore be for plaintiff for £20 17s 4d, together with costs.

Dunedin "Water Works Company >\ K. G. Stratton.—Claim of £1 2s 2<l, amount of water rate upon office in Princes street. The collector and assessor of the Company stated that when he served the notice defendant did not object, and there had been no appeal. Defendant told witness that he was not the tenant, and referred him to Mr Hawkins. Jt. G. .Stratton, the defendant, stated he was allowed by Mr Hawkins the use of a dtatk in his front office. In answer to the Magistrate the defendant stated that 1m name was on the window of the office ; and that he rendered services to Mr Hawkins for the use of the room. The Magistrate said he thought tlie defendant had shut himself out from any defence he might have had by not appealing immediately the valuation was served. Judgment for plaintiffs for amount claimed, with costs.