RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume II, Issue 86, 22 March 1854, Page 2

RESIDENT MAGISTRATE'S COURT.

TnuKSnAY, March 16. Wilton v. Imlay. Before the Resident Magistrate and P. Wilson, Esq., J. P. This was a summons to recover the value of some cheese consigned by plaintiff to the defendant per the CamillaMr Richmond stated the case, from which it appeared tbut 1200 Ibi of chcewe had been delivered to Mr VioKittis, the defendant's ngent, for shipment. The defendant «woro to linving weighed tho chpese before pocking it, and thnt the weight was 18 0 and odd pounds ; collateral evidence of the weight wag given by other witnesses. Tho a«count of sales tendered by thanlcfendnnt amounted only 'to 708 lb 5 . and it wai^for the defieieucy that action was brought. In the course of the ptocecd ings the defendant was called by the phintiff, and admitted that be liad seen some of the cheese in the sale room at Melbourne, and that it appeared in good condition , bad alto stated hi* regret at the low price it fetched. He explained that he bad received no benefit from the transaction directly or indirectly. He was no agent himself, and hud meroly taken charge of it in a friendly n ay to do the best he could. Messrs Turnbull of Melbourne wcte his agents, and he had huudeil the bill of lading to them in ihc usual way ; could not account for the deficiency in the weight ; and o« regarded the price, the fluctuations of the markets were cudden and' great, nod of course beyond his control. On tho part of the pUintif? the bill of lading and an account of talcs Irom defendant to plaintiff, were put in •, and the liability of tho defendant to make good the loss was insisted on. It was (ontended for the defence that no linbili. ty for lons or depreciation attached to the detcneiant, iinlosn negligence could be proved ; and evidence was called to show that a vory great depreciation of weight often occurred in the transit of cheese by neni The maximum depreciation proved did not, however, exceed 15 per cent, and it was admitted that 12$ per cent might be considered a fair average. A snggestion was mode to postpone the ense until the Captain of tin; Camilla could be communi cated with (that vessel having just come to anchoi) it boirg surmised that ho might possibly be able to throw some light on the deficiency of the consignment ; and the Magistrates ultimately decided on adjourning the case nil to-morrow the 23rd inst.