DISTRICT COURT OF OTAGO.

Otago Witness, Issue 401, 6 August 1859, Page 3

DISTRICT COURT OF OTAGO.

Tuesday, 2nd August 1859. (Before His Honor the District Judge.) The monthly sitting of this Court was held at Dunedin on Tuesday, for the disposal of civil cases. Eight cases were on the roll for hearing ; most of them involved no point of interest, the plea of inability to pay being the main plea. In the case Young o. Berney, the defendant pled that the Judge having been a partner in business with the plaintiff" at the time when the bill, on which the case proceeded, became due, he was thereby precluded from judging in the case. - His Honor stated that, although the rule regarding the notice of defence had not been complied with by defendant, he would not hear and decide the case. At the same time he considered the plea not a graceful one on the part of defendant, seeing that the claim was for a bill of exchange past due, and to which no plea of not indebted was made. CARNEGIE V. DYtR. This was a suit for £37 Is. Bd., for goods sold and delivered. Defendant claimed a set-off, £30 being the price of the license of the Royal Hotel, sold by defendant to plaintiff. Plaintiff pleaded in defence against set-off, that the sale of the license was conditional on his getting it moved by the Bench of Magistrates to Proudfoot's brick house, which the Bench refused on account of ineligibility of the edifice and of its situation. Defendant asserted that he sold the license unconditionally. The case rested mainly on the evidence of the parties, who varied slightly in their statements. The plaintiff's shopmaH, however, swore distinctly that he heard the bargain made, and his evidence tended to confirm the statement of the plaintiff. His Honor, in giving judgment, allowed the setoff and divided the costs.