DUNEDIN DISTRICT COURT.

Otago Daily Times, Issue 4445, 18 May 1876, Page 3

DUNEDIN DISTRICT COURT.

Wednesday, 17fch May. (Before His Honour Judge Bathgate.)

Frederick Fitzgerald v. Anne Diamond — Claim of £ISS 3s (id, alleged to be due to the plaintiff on several items of account, including the following :—To plans and specifications of building at Princes street, Dimedin, and alterationa of same, £10 ; 27 weeks' labour, from lGth July, 1875, to sth February, 1870, at £4 43 per week, £113 Ss ; timber supplied and cash advance.'!. —Mr A. Bathgate appeared Tor the plaintiff, and Mr Ald.-idge for the defendant, who put in a set off of £89 4s !)d (including items for refreshments, board, and cash lent), and pleaded that she never was indebted as alleged.— David Ross, architect, was called as a witness, but his cvidi.ne.; w-is xinnecessary, as the itemn he was to have provi d ware now ; admitted. —Predciiek Fitzgerald, builder, deposed that he superintended the alterations to the defendant's premises, and the rate he charged per week was undt r the ordinary rate, for the position he occupied. The bricklayers r.ud plasterers were receiving 15s a day at that time. Witness w.is an architect, and the ordinary u.-e f.)i" visiting a. building within the precincts of tlic city was a guinea. He was also a carpenter. The defendant never anked witness to tender for the work. Witness was never incapacitated from drinking during the time he was employed at the defendant's premises. On the 7th March, IS7G, witness authorised his solicitor (Mr M'Keay) to write to the dufwidant, asking payment of the balance of Lis account, £53 18s Dd. That was admitting the set off. Anne 1) inn >nd d j oscd th it «h^ uithon^ul tbx pluutiff to ip id l d tlu tr(otion of the buildin^ Vj i ellim to tuidu to th< eaipi.nti.r-> »n' b lei \snik nln I bhe e^utctedto be d. i b ♦ !ti I Ii j1 in till did nothu f v f i ut tl ( Oui1 in her )Sp i\ ip n. t i i i mil ni(un Ut I i d mli i i i_ n iv <ntv t I nis ii ' i mil1 ntu ■stVt.l l] Otlll 1 1 H 11*1 OK itiun ii i< t! ! ■* <j" itl> dni'i1 It ' 1 I i i n Ijl t I \< il t J ' I I O 1 .1 (' ' i i ] it ii t . UK< \ ' J ; if j i

I few drinks, n.'ake a start in the morning, and lake the door down at night. ' His Worship, iv giving j-idgmeu!;, said he could not allow t.lio'phituilf more than 2^ weeks, aud took L'lt) liij eff his ace unit for tirnn. Judgment for plaintiff for .-£43 5s «JJ, with the usual costs, £!) IGs Gd. The Court adjourned till Monday, the 29th inst.