MAGISTERIAL.

Timaru Herald, Volume XIIIC, Issue 14236, 30 June 1910, Page 6

MAGISTERIAL.

TIMAIIU—WEDNESDAY, JUNE "L> 1910. ".Before Air V. G. Day, S.AI.; CIVIL CASES. N.M. and A. Company O'r "Walter bhalvj v. James Kennedy iSeadouu-, claim £94 5c 9d. Judgment lor pianttirf by default, with Court costs £i l'Js and solicitor s foe J-o ,~s. '

latrick Haruiett (Air Raymond; v David Ahlne (Air Rolle*toH/,\-laim £-1 tor rent of a i-acro section at j'-irooia East. This disc Has partly heard on the previous Court ua\, aim ;i U ,, n , n , L> , the -Magistrate .-rat:,."-' tlaen 'tliai, Vad.<l not think he had jurisdiction in the case, as a question <i llX \ a liS j u (Jlh _ pute. He now said tiait he had look ■•' into the matter, and jo-sml tj'j„' V ;Vi. to be correct. l'iaint.i: mu.-t th.'r,"lore be non-suited.

Air a-ked lor (•,-..;< . u „| was allowed £ I U >, li,i;,.)•'-. i •'■,■',': ',', to also pay ]<is Curl , ...;.. '

>.C. Dairy Company v! Ma ret Buckley, chum JL'J .}.-.. J ud'iren'iT be default, with Court Same v. J. Kennedy, .hum '•> \(u Judgment by consent, *« ith Court" ce.sU lis. " '"

Same v. Benjamin "White, chum <'i los Judgment i„r piamutl' f IV ,j t . fault, wn,h Court costs us Leslie <J'Caila u hau and Co. v. Harry McMillan, chum £O'J pjs 7,| ~„ ,„ auet.on account. .Mr Uavmond a'opcared for plaintiff, and .Mr Km-lie ><<r defendant. \ nrious items in the chin wore disputed, and considerable time, was occupied in heanii" evidence Inland ayamst. It appeared that ,n p JU b the doiendant bought a farm, throu-h: the plaintiff firm, irom Mr Jla nik„7,' ft Hn»gs' Gully, am! the pla,nt:lf i irlll •carried on ■ the defendant until Mav 19(9, when they decided that it was expedient to call un their money This they did; his account liad been regularly sent to defendant, and bo i7ad never holore disputed it. I-or■ tlie defence it was said that a condition of the sale was that the plaintiffs were to have linanced the deiendant to the extent of £4(1(1 five vf interest until Ins oat crop was ready for sale and then to have bought the oaU at Is hd per bushel. Leslie O'Callaghan denied that any such arrangement was entered into though he .aid ),e j,ad o.'ieiet' deieim' ant is ,Sd for Ins oats, and hj,, , ir \r was refused. In support ot pla:|il'ds case evidence was given l,v I. uVi,,i ghan, J. Davids,,!,, and M' Wail i-or the delenee, evident e was ' ivon by the defendant, who said tiia- ,"i- , n till had definitely agreed, on the' ia'v'ti the sale oi the" farm to wiine-/' ■"', ,' , b.- would take the oats at lx~"Nl",,orl Defendants claimed a reduction ~f i-'JU on tlie account, thi> timount be'ii ' made up clueliy ~i i,,0 diheremc be" tween what lie said plamtilf bid a-reed to take liis oats at, (Is Sd) and the price he actually got (Is 3d i Coun.-el on both sides ed at considerable length. Mr Raymond pointed out that iliou-'b McMillan ehi!ni<-d to have wild all T is oats to O'Callaghan, be had not delivered them all to him, between I'tK) and 3(10 bushels being unaccounted for. Andrew Hamilton, who sold i lie farm to McMillan, said that O'Callaghan and Co. did net finance McMiTlan AVitile-s aiso .-aid that he he,id O'Callaghan guarantee McMillan Is ; Sd for his oats. I

Mr Kmslie at this fitne.o asked for an adjournment to enable Turn to "et another witness from Chr-stelui;-, b To this (nurse Mr liaviuond strongly objected, as the planU'lf had di"clcsed his case, and if tin- defence miv allowed to call further fv.denee it would be open to them to trim tbeir case to suit.

Hi* AVer-ship allowed a n adjournment for one week, but >akl that the defendant would have to bear the est of this— £2 2s.

.Mr Raymond thereupon ask.-d (hat lie too should lir allowed I<> r: ,|| another witness who is in Auckland and tin- Magistrate *a:d I hat he e.„,1,j 110 fc consistently <!'■' line the request. A iimnlwr nf <-:im in whi.-h Mr Melvill,. Cmv ni:..1,. claims f.r .-nil-. i„ t |„. S.C. ]):iiry C'oimiki tiy. were called .-if the morriinjr silting of tlio Court. :in.l adjourned until the afternoon. "When called <m in tin- afternoon, it was announced that they had heon .settled. _ COLDP. Fn«- often we hear the r.--ark. "Tt is only n cold." and a few ,'nvs Inter the man is nn his hark with oneum-m----iu. This is such a rai"ii'.in occurrence that n cold, however slight, rhould not Iw neglected. Chamhorlain's Couch Remedy has gained its e-reat popularity and immense sales hy if a prompt cures of this most rommnn tilment It always cures and is pleasant to take. It counteracts any tendency of For rhi'dren's h;"-!m!" ,-™~i, ~(. „;„!,;. Woods' JJreat Peppermint Cure, l a pj mA a» 6d..»