RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 4663, 27 January 1877, Page 3

RESIDENT MAGISTRATE'S COURT.

Friday, January 26th. (Before John Bathgate, Esq., R.M.)

Win. Tyne v. James Tyne.—Claim of L42 6s_ 9d. Judgment for the amount claimed, with costs.

Alexander Brown v. Robert Mackay.—Claim of L2 10s, balance clue for work done. Mr Bathgate for plaintiff. Judgment for amount, with costs.

S. Thomson v. Win. Hall.—Claim of LSO for cash lent. Mr E. Cook for plaintiff, and Mr M'Keay for the defendant. The plaintiff stated he had received an lOTJ for the amount, but he had lost it. The defendant admitted having borrowed L3O from plaintiff, but sworo that he repaid it in instalments of LlO each. — Judgment was reserved. _ John Bowie v. Christian—Claim of LI Is Bd. Judgment for plaintiff for LI Os Sd, with costs.

Manning's Trustees v. W. J. Dyer.—Claim of L53 183 4d, for goods supplied. Mr Denniston for plaintiff, and Mr Mouat for defendant, who pleaded a set-off of L2OO due on a dishonoured bill of exchange. Mr Denniston contended that as the amount of the set-off was in excess of the jurisdiction of the Court it could not be taken into consideration. The learned counsel referred to the cases which de cided this point, and also to recent dicta of the Judges of the Court of Appeal, on which occasion a different opinion was expressed. As the point had not been really considered by the Court of Appeal, he contended that the law was such as he had urged, and that the set-off could not be allowed. The defendant stated that the goods were supplied by way of discount on a bill for LCOO. His Worship said that he could not entertain a set-off for a sum beyond the jurisdiction of the Court, and declined to adjudicate in regard to the set-off. Mr Mouat asked that judgment should be suspended for 14 days. Mr Dsnnislon objected. Three of the items were admitted, and judgment waa given for L3B ss, with costs,

Edward Loft v. Mary Walley.—Claim of 15s, goods supplied. Judgment for amount claimed, and costs. Donald M'Phee v, Robert Wallace. —Claim of L54 15s 4d, for butcher meat supplied, Mr Lewis for plaintiff. Mr Duncan for defendant. Adjourned until Wednesday.