MAGISTRATE'S COURT.

Otago Daily Times, Issue 10919, 28 September 1897, Page 6

MAGISTRATE'S COURT.

Monday, Sjjvtembeb 27. (Before Mr E. H. Carew, S;M.) Ctaig and-Smitli v. S. Bnsbell (Pa^merston).—Claim £* 16s, on a judgto?n'; suc->----nsons.—Mr Moots :»ppsascd-ior plaintiffs, and defendant, who did cut appssr, was ordered to pay the amount chimed, wiih costs, by mouthy instalments of £1 14s, in dtstsult seven days imprisoumeat. Joseph M'D^vitS v. Pobgrt Mason.—Claim £17 5i 6d, m )ney leut.—Mr Hanlon appeared for plaintiff, for whom judgment was given, with.costs, by default Tho Kaifcani'aU Uiilway and Coal Coaipany v Jarao? Fox.—Claim £189 16j sd, coal supplied.—Mr Frastr (with Me Ho.raw) appeared for plaintiff, and Mr Sim for defendant,— Defendant put' in a statement cenfe'sing that -the sum of £188 16s sd, part of tha amount claimed, was due'to. the plaintiff, but sat up a couotar-claira, ratlipalaw of which were as f 0) l 0W —n) Darisiji the period estoiioiag from ihs Ist A-..ril, ISSS, <o tbe SOfcn June, 1897: the plsiutiff ftom time to tima sod aud delivered to the defsrifiaut Jarg.; quantities of coal • i (2) the plaintiff reprsteutsfi to the defetldaut that the said coal was of a certain weight, and the defendant, relying on such representation, paid far. the same as being of the weight represented-, (3) the said coal was not of the weight represented, as the plaintiff knew, or ought to have kuov/o, and was ao a matter of fact short ot the weight. repreMuted by the several qniin v-ities sot forth j in the statement; (*) wherefore the defendant j claimed to recover irom the plaintiffs tbe sum c'; £6518* 9d, being tils ainonni paid by the defendant to the plaintiff>b the price of the said coal not delivered as aforesaid.—Tne : counter claim was heard first, and evidence at gome length was than §ivep.—For the defence, Mr Fraser stated that Captain Pox really bad I nothing to complain of in ths treatment he rs- | ceived at the hands of the company. There was absolutely no evidence to show that there was any short weight. Nor difl he have anything to complain of in the subsequent treatment that was meted out to him by the coaipanv. The fact was he insulted the company in his correspondence till they were compelled to wash their haads of him, and he now said he was boycotted by them. The allegation made asaiast the company was that they delivered short weight.-Hia Worship : Or they have nob delivered full weight.—Mr Fraser: ies. On the ons hand the court had the fact tba*i defendant had accepted and paid for the siufi, that he bad full opportnntiea of testing toe weight if he chose before he paid for the i-.oal; but he scetptetlifc. soldit, -pocketed th» viotifc. The coal was weighed also by tha Railway depatiment, ar,d ttieir weights confirmsd tha ■'weiKhta of the company, in fscfc; the department found: that the weights of the company were heavier than theirs.—Evidence was then given, after which the case was adjourned.