RESIDENT MAGISTRATES COURT.

Timaru Herald, Volume IX, Issue 343, 9 September 1868, Page 2

RESIDENT MAGISTRATES COURT.

TIMAIID.— Tuesday, Septembeb 8. [Before B. Woollcombe R.M., P. B. Luxmore., J.P., and H. Belfield, J.P.] Trustees Odd Fellow's Society v. Melton. This case was further adjournd jor fourteen days. D tSiiloman v. Curo. Claim for £3 2s 2d. Judgmunt by default. Overmyur v. Morrison. Claim tor £18 15* Mr Perry appeared ou behalf of the plaintiff. Owing to tho particulars of the plaintiffs claim not having been furnished to the defendant with the summons, as requirej.ty the Act, the case was nou-auited. Melton v. Anderson. Claiui for £11. The plaintiff acknowledged having received £3 ou account. Judgment by default for £8. Fraser v. Demuth. Claiui £15. Defendant put m a set oil for £30 10s. Mr Perry, for Mr White, appeared on behalf of the defendant. From the evidence, it was shown that defendant had been engaged by Messrs Stubbs and King to c'rive a mob of fat wethers from the Burkes Pass to Timaru. The sheep were to have been delivered to defendant by Mr Fraser who' had Bold the sheep to Messrs Stubhs And King. The sheep not being ready at the Pass, defeudaut went to' the plaiutiff a station, and jpwiu^ to the weather and other cause! was detained some time. When the sheep had been drafted out at the station they were sent to Burkes Pass, when defendant took delivery, and gave a receipt for a certain number, which defendant delivered at Timaru and the Poiut^-le&s, as the plaintiff asserts, fifteen sheep, valued at £1 each. The defendant was paid at the rate of ninopeuee per head, by Messrs Stubb* and King, for the number of sheep delivered. Defendant claimed m his 3&b of fur loss of time on plaintiffs station. The Bench ruled that the plaintiff had no claim against the defendant, nor the defeudnut against the plaintiff, because the defendant was acting throughout as agent for' Messrs Stubbs and King. Dismissed with costs. ■ . ■• .