RESIDENT MAGISTRATE'S COURT.

Colonist, Issue 56, 4 May 1858, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday,. May 3. : Before the Resident Magistrate. Forrester v. Howe.—An action to recover, the sum of £50 55., being the balance of an account of £88 135., for flour sold and delivered. Verdict for plaintiff. ' Pratt v. Atmore. —To recover the sum of £33 Is. Gd. ■ '■ ■

Defendant having made a set-off amounting to £3 lls. 6d., a verdict was given for plaintiff in the sum of £29105:

Stanton v. Cruse and Messenger.—-To the sum of £42, for goods sold and delivered.

Mr. Kingdon appeared for the defendants. Goods to the amount now sued for were ordered by a party named East, who represented himself as a member of the firm of Cruse and Messenger, storekeepers, at Collingwood. The defence set up was that Cruse and Messenger were not liable, on the ground that the party East was not a partner, hut only an assistant in the establishment of Cruse, and Messenger. This however, not,being satisfactorily proved by the evidence of Mr. Messenger himself, • a verdict> was accordingly .given for Mr. Stanton. . ~'. ..-.. : ; ...... The Bench took occasion to remark upon the loose manner in which this, action was brought into courts and as being important.in its results, recommended parties to engage professional men to conduct actions in future of a similar nature.

Mr. Stanton said he should have done so, but was not aware his cas* would havo come on so soon.

Scott and Jourdan v. T. B. Recce. It appeared that Recce hired ahorse of plaintiffs, but came back ahortly^after and said he had lost the saddle, upon whicn they furnished him with another, a new one, which he forgot to return or pay for. ■....-... Verdict for plaintiffs— £7 10s.

John Terny was fined ten shillings and costs for being drunk and very disorderly, on Sunday last, breaking the windows of hi 9 own house, and other excesses, and not being able to pay it, was ordered to prison.

Accioent.—On Saturday evening last, a man, who has lately been employed as a stoker on board the steamer Tasmanian Maid, \va9 engaged in playing A game of skittles, in Mr. Crowther'a alley, situate on the Haven-road. When in the act of throwing the ball his footslipped, and so sharp was the concussion asto cause a severe fracture of the leg a little above the ankle. He is under the care of Dr. Bush, and we hear is progressing favorably. We are requested to call attention to our ad-: vertising columns of the removal of Mr. Robert Aitken to his spacious and commodious premises, next door to where he formerly resided.—Advt.