RESIDENT MAGISTRATE'S COURT. Before H. Kenrick, Esq., R.M., and W. F. Hunt, Esq., J.P. Tuesday, July 7, 1885.

Te Aroha News, Volume III, Issue 110, 11 July 1885, Page 2

RESIDENT MAGISTRATE'S COURT. Before H. Kenrick, Esq., R.M., and W. F. Hunt, Esq., J.P. Tuesday, July 7, 1885.

Arthur Dye (Auckland) v. John IJ 1 . Cocks i Notice to take evidence. Adjourned for four weeks on application o& defendant. John Gibbons v. Bernard Montague i Claim £3 ifts 2d for timber supplied. Defendant paid £3 into Court and disputed the balance, stating the price charged for the timber Was too high. Geo. M. Parker, sworn i Am bookkeeper for Mr Gibbons. The price of the timber was named to defendant when it was sold to him. The price was 178,6*1 per 100 ft for kauri at time we sold to defendant j he was only charged 17s. Abont the same time (March la«t) we sold kauri at 17s 6d ; we got our kauri from Shortknd Got the timber in question from Mr Reid, contractor for the bridge, being unable to obtain any from Shortland at the tinlo. The timWr had not been used before to my know* ledge. We bought it from Mr Reid in order to efcecuto defendant's order wi'h as little delay as possible, and paid for it as first-class kauri. Some of the pieces were longer than ordered, but we did not charge for the" extra length. The timber was used by defendant in hia contract and was passed un all right, and he got paid for his work in full. Bernard Montague, sworn, staked i That the timber was old and had bi'ea used before. It was used in his contract and was passed and paid for ; but he had to cut it + o the correct lengths, . which took up considerable time from two men. Cornelius Murphy, sworn, stated : Pfe carted the timber for defendant from Mr Gibbons, who desired him to tell defett- ! dftnt that he would make the timber cheap to him. He noticed that the timber had a good many splits in it} and appeared to have been used before. His Worship gave judgment for the full Amount with coats 10s, remarking that if defendant had any fault to find with the timber he should hare com* plained before, not at this late date. He appeared to have received it at the time, and used it in a contract, which had been duly passed and paid for. John Currie t. Jas. Clarke s Claim £4 5s for w6rk done* Judgment confessed for £4 8s 5 amount to be paid •m or before 21st July, 1885, and ac» cepted by plaintiff. There was no business for transaction in the Warden's Court.