Resident Magistrate's Court.

Southland Times, Issue 9164, 13 March 1886, Page 2

Resident Magistrate's Court.

Friday, 12th March. (Before H. McCulloch, Esq., R.M.) DEFENDED. G. F. Richardenu v, Moffott and another (Norton Mains Freeiioid Eitato Co.) Air Murrah for plaiatiil: ; Mr EJUrvey for defendacts. Claim, LlO 8s 6d for diacounts on certain Lit Us.— — Tb© plaintiff deposed that he was employed io 1382 b}' the defendant's to survey too Morton Maias Estate, nod supply lithograph plans of same. Ac's! tain sum was agreed upon for tho work, 50 per cent, to bo paM ia cash on the completion of tho fioid work, 25 per Cent, whoa tiio p!aa3 were finished, and 25 per cent, on Uie pneaing of ths 1 p!ans by the Li&d Transfer Departmout. Ho applied for tiiu first amount on the sth of D.ceuiber, 1882, and the second on the 11th August, 1883. After Eome conversation on each occasion, he took bills on the agrcunc nt that ho wouid be refunded the discount on both, — TbQ defence was that the tills had been given because when the claims were made the specified portions of tho work were not completed. — Hugh Carswell gave evidence for the defenoa, and William Sloan and W. J. Moffettboth denied having made aDy agreement to the effect that discount would be allowed for the bills, — His Worship said it appeared that the plaintiff was entitled to cash in each instance, bnt instead of insisting upon getting it he took the bills as cash. There was no proof of any agreement about discount beiog allowed, and therefore the plaintiff could not aucooed. Judgment for defendants, with costs LI 14s 6d, UNDEFENDED. In Wertheim v. McOoey, L 3 10s ; costs, 16s 6d ; aod same v. Martin, L 8 10s ; coßta, LI 13s ; judgments were givea by default.