CIVIL SIDE.

Thames Star, Volume VII, Issue 1937, 19 March 1875, Page 2

CIVIL SIDE.

s .B,ABE.,Y,~SDWXEDS., ''„ j .. This was a claim of JBII 10s9dftr goods."'-: ..-.'■■*•...' — -"■-., s .-. lf j;».; His Worship said he had MM defen-

dant in Ohinemuri, and he had acknow * ledged the debt. John Babe deposed that he had supplied the goods in the list of particulars, and tho balance stated was owing. . Judgment. for plaintiff for amount claimed and coats. . COOK V. tfOLDSHIP AND CO. Albis was a claim of £6 los for wages. VF Mr Maedonald appeared for the plaintiff Henry Cook deposed—lam an engineer. I worked for Holdship, to the extent of the £24 mentioned in the particulars of demand. I received money on account, and the balance is owing. The charges ire fair and reasonable. Judgment was' given for plaintiff. There were two witnesses, and the costs amounted to £3 lCf. , . ; . MAItSH T. THACKEBi-T. This,was a claim of £3 2s 6d, for goods. Defendant said he had tendered £3, but plaintiff would not take it without the2s6d, - W. Marsh deposed—That he resided at Shortland and had been a firewood dealer and carter; Supplied "the defendant witk 5 tons of firewood, at 12s 6d per ton. There was a difference of 6d per ton between them. He never ten-; dered witness £3. He only said to witness thajt he would have to take the £3 or g o to court. By defendant: I contracted to supply the wood opposite Mr Hulme's. I gave you the bill in Willoughby street. You did not then tender me £3. William Thackeray stated upon oath that he agreed to take 5 tons from plaintiff for 12s. He had a ton first, aid burnt; that before plaintiff brought the remainder. Marsh's own man heard him say the amount was £3. Had offered the £3 iii Willoughby street,' which Marsh abruptly refused. Witness took out his purse. Had heard nothing of it since till he got the summons. He and Marsh had a dispute about the tramway,' and it was this, he supposed, induced Marsh to. summons him. Had paid 12s pw ton for 5 tons before the last lot. His Worship despatched Mr Mason to fetch Harding, who had been in Marsh's employ at the time of the contract. Both plaintiff and defendant were anxious for this witness, though his evidence could * only favor one of them. ▲ considerable time having elapsed without the appearance of Mr. Harding, His Worship adjourned the case till tomorrow (Saturday) morning.

J. CLA.BKE V. J. BI'cULLqUGH. ! A claim of £5 9a 2d, for goods. Defendant jiut in a set-off of £4 Us 3d, for car-! ting night soil. ; • .'.' John McCullough deposed^that he was a carter. Did some work for Mr. Clarke in removing night soil. Kennedy employed him. Understood that it was for Clarke, as Clarke was the contractor for i removing night soil. He was advertised at the contractor. James Clarke, deposed—-That, he had been a contractor for night soil. He merer authorised Kennedy or anybody else to employ this man to do any work. At the time of the Borough Council calling for tenders his (Clarke's) tender was accepted and he assigned his contract to Kennedy, who had had the sole control ever since, and had reaped all the profits. Witness had never employed defendant, and had nothing to do with him, except in supplying with groceries. In answer to the Court witness said the grocery account was distinct from any other account. . - Defendant said the money was due to him between the two. His Worship gave judgment for the amount claimed, and costs, 235. CLjLBKE V. AUSTIN. This was a claim of £2 12s 3d for goods. Defendant did not appear. Plaintiff was examined, and judgment given for the amount claimed, and costs, £2125. JJDJOUBNED CASES. Charles Cameron Kidd r. Charles Abler —A claim of £8 Bs, for breach of agreement. His Worship said he would again adjourn this case to look up authorities, as he was not satisfied about his decision. Hopcraft McCullough & Co. v George William Geddes—A claim of £4 Os 6d. Thomas Chapman and Kobert Burrows r.. J. Creagh—A claim for £13 los for M. Jacobs r. William Reid—A claim of £25 4s 3d for gcods. Lamb Bros. v. Joseph Patrick —A claim of £10 14s lOd for goods. The Court then adjourned.