MAGISTERIAL.

Star (Christchurch), Issue 6829, 17 April 1890, Page 3

MAGISTERIAL.

♦■ CHRISTCHURCH. This Day. (Before R. lieetliam, Esq., R.DI.) Civiij Oases. — Booth, M'Donald and Co. V.John Dalton, claim .£2l ss ;, adjourned to April 24.— Same v. H. G.. Walmsley,. claim £l& Is Gd ; adjourned to April 24. — R. Murphy v. A. Hawken, claim i 213 14s 6d; judgment for plaintiff >by default.— M. Harna and Co. v. N. Maturlich, olaim JSI7 ISs; judgment for plaintiff by default. — Whitcombe and Tombs v. S. T. Binning, claim 19a 6d; judgment for plaintiff by default. — W. J. Neate v. Josiah White,, claim £9 19a 9d j judgment for plaintiff by default. — New Zealand Farmers* Cooperative Company v. W> . Bowden, claim £12 3a 8d ; adjournedto April 24. — Templetoa Road Board v. John Jackson, claim £2 14a 3d ; judgment for plaintiff by default. — A. Patterson v. JJ.. Evans, claim .£1 la; judgment for plaintiff for amount i of claim aud costs. — Fletcher,. Humphries and Co. v. Josiah Whita, claim. .£24 0B2d; judgmenb for plaintiff by default.— Emily Jones v. James Drunimond, claim jEG4 16s 3d; judgment summons.. Mr Russell for plaintiff, Mr Kippenber^er for defendant. Plaintiff sought to prove. that defendant,, a blacksmith, of Kirwee, was in a position to pay the., amount of < the claim. Defendant's wife, in the witness-box, sworo that the freehold of • the property at Kir wee belonged to herself, and that she bought it with her own earnings, and with ■£85 she hud of her own when they came out from England fifteen years ago. She had when they were in trouble once collected money for her husband to pay the bailiffs out and, but for her money, the children would nave, at times, gone short of bread. H. Boatdinan, bailiff, gave evidence, and the Court declined to make an order. , it. Blackburn v. T. Doyle, claim 10s, for beer. The .claim was admitted, but defendant sought to prove a set-off for 15s for printing order-books. Plaintiff proved that these, though ordered, some time,, ago had not been delivered. He obtained judgment for hia claim and costs, and defendant twas informed that he could obtain payment for his goods when delivered.— W. B. Scott v. M. O'Brien, claim .£43 J.4s Hd. Mr Bruges for plaintiff; Mr Stringer for. defendant. Plaintiff claimed for the balance of account for the erectiqn of . a shop for defendant at Greymouth. The amount of the tender was JSBQO. Plaintiff swore that most of the timber work was fitted together in his yard at Christchurch, and passed by defendant there. He and defendant agreed that the terms o£i the contract should not be strictly adhered to. Witness received payments on account from defendant witho.ufc lit a.. certificate from the architect, but . believed his foreman Price, got one of Eizenhardt, the architect. .Afjter.some time witness made up his account, showing- a balance of .£sl 83 2d in his favour, of which he received .£27 /2b^. 3d. by a discounted bill. An amount, of £19 9s for extras made up the. balance. — Price, foreman to plaintiff said inavridence that theonly reason why the. second certificate was not given was that there was some dispute about the work.. .. The.- work was done under the supervision of the architect, and under the , specifications now in Court. The evidence of th© architect, was read, stating that-- the carSificate was withheld because the work had not been completed. Mr Stringer accepted a nonsuit.