MAGISTRATE'S COURT.

Star (Christchurch), Issue 5652, 23 June 1886, Page 3

MAGISTRATE'S COURT.

This Dat. (Before B. Beetham, Esq., E.M.) Civil Cabkb. — Judgment was given fer plaintiff by default in the cases of Miles v. j Stumbles, claim £4- 14s 9d; Raphael v. Ellis, claim JJ>l6 .- Phillips v. Bankin, claim JE6 9s ; Duncan v. Kennedy, claim £1 16s ; ' Sclanders and Co. v. Moss, claim £4 ; Le Masurier v. M'Cormick, claim J}7lßs3d; same v. Jackson, claim £1 12s 3d ; and Bell v. Taylor, claim 5s. — Bell v. Wheeler, claim .£lO Ob 11, for oopies of Tit Bits , supplied. Mr Stringer appeared for defendant, who is a news agent in Dunedin, and applied for an adjournment to enable evidence to bo taken in that place. Plaintiff had been proprieter of Tit-Bits, and defendant had acted as agent for the ' sale of the journal in Dunodin. Plaintiff said he had every Thursday or Friday morning, when the paper was issued, forwarded to defendant *X) or 60 dozen oopies, or as many ac plaintiff thought sufficient. Defendant had to account for all he received either by cash or returning the unsold copies. The claim was for the balance of account. The papers . were forwarded by rail, for which no charge was made, as Government allowed them to . [ be carried free. Mr Stringer contended ; i that as there was no charge for oar- • riage, delivery must be held to have taken place in Dunedin, as defen- ' i dant only had to account for such ' [ papers as he received there. Therefore ! [ no material part of the contract arose ! ' in the district over which this court had I ; jurisdiction, and plaintiff should be non- j . suited. If Mr Wheeler had paid the ; [ carriage, the delivery to the carrier would j i have been equal to delivery here to the • , purchaser, and the Court here would have [ i had jurisdiction. The plaintiff said he j would get 6ome one to represent him at > . the adjourned hearing, and the case ! was postponed to July G. — Arthur Dawes ! v. Thomas Da weß, claim .£lO 8a 4d for in stalment due on a promissory note. Mr i Widdowson for plaintiff. Judgment for , the amount claimed, with costs. — Bell v. ; Julian, claim Cs 8d for advertising defendant's business in Tit Bits. Judgment for ■ 43 and costs. — Pengelly v. Mapstone, , claim .£lO Gs 3d for rent due under a lease. Mr Stringer for plaintiff. ' It appeared that defendant had leased a . property in Durham street from plaintiff for twenty-one years, in March, 1874. The , place was now occupied by other tenants, • from whom the owner could not claim [ rent, because defendant had not aurren- . dored his lease. Defendant said he wad i willing to surrender the lease, and Mr . Stringer told him he could recover from . the present tenants for use and occupa- , tion. Judgment for the amount claimed j i witli costs. I