RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 8597, 12 September 1889, Page 4

RESIDENT MAGISTRATE'S COURT.

Wednesday, September 11.' (Before Mr B. H. Oarew, H.M.) The Duneain Brewery Company v. Johanna M'Lean.—Claim £7 7s 2d, for beer supplied.—Mr Sim appeared for the plaintiffs.—After evidence, judgment wbb given for the amount claimed, OOBtS. Walter Powell Lewis v. Joseph Hatch.—Claim £21 10s 9d, being balance of wages due to plaintiff as master of the Awarua and moneys paid by him on behalf of the defendant.—Mr W. Stout appeared for the plaintiff, and Mr Haggitt for the defendant.—ln this previously heard case his Worship gave judgment as follows:—" The agreement made by defendant's letter of January 22 and plaintiff's acceptance of the offer is for £12 per month. The ship's articles in reference to plaintiff's engngement refer back to this agreement; and, whether the agreement iB read by itself or together with the articles, I think, upon the authority of Taylor v. Laird (25 L. J,, Exch. 334), plaintiff has at any rate earned and has a right of action for each month's service he has completed. Button v. Thompson (14 L.K., O.P. 330) is also another authority upon the point. As to whether defendant assented to plaintiff leaving his employ, I think the probability is that he did do bo. There is oath against oath as to whether defendant promised to pay plaintiff up to the date of leaving—and lam not satisfied that he did do bo—without which he cannot recover for the broken month. I think the itemß disputed in the disbursement account are not unreasonable charges, and allow them to plaintiff. Judgment for plaintiff for £1211s and costs (£3 55)."

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Printed for the Otago Daily Times and Witno» Newspapers Company (Limited) by Jaj*S Alexander Matthews, of Mornineton, priper, and published by Hobkbt Koolk Adam* of Edbbbll street, Dunedin, publisher, at the/eglstored ofhce of tho company, Dowlintr, Hl?*, and Maoandrew etreets, Dunedin, on THUJSDAY, the 12th day of SEPTEMBER 1889