RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 205, 16 May 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. l^itzGerald, R.M.) THIS DAY. Drunk and Incapable. — John Smith and Edward Cain, were fined 10s each, or in default 24 hours imprisonment with hard labor. fciyiii c\siis. Bain, and Houghton, v. Hall nnd Finlay. — The plaintiffs sought to recover the sum of £100, for loss sustained ou tho resale of forty-two kegs of butter purchased by the defendants at an auction held by R. Tleeves and Co. as agents for the plaintiffs. Mr Oakes appeared for tho plaintiffs, and Mr South for the defendants. Mr John Houghton (of tho firm of Bain, Houghton, and Co.) sworn, said, that ho had purchased tho forty-two kegs of butter from Lockhart and Co., at Is 3d per lb, aud had, on tho 13tb of April, placed it in Messrs Reeves and Co.'s hands for sale, when it was purchased by Messrs Hull and Finlay, at Is 6£d, realising in all £301 Os 2tl, the butter to be according to sample. On tho 14th instant Mr Hall, one of the defendants, examined tho butter in tho plaintiffs' store, and refused to tako it, as it was not according to sample as sold. Mr Houghton here read a letter written on tho 16th inst., by themselves to defendants, stating they were prepared to decide the matter by arbitration, anfl if it was decided by the surveyors that the butter was not equal to sample they would cancel the sale. A survey was held by Messrs Mouatt and Virtu, and on the 19th inst. Bain aud Ilotighton again wrote to the defendants, informing them that unless tho butter was renVov.ed they would instruct Messrs lleeves and Go. to re-sell at their risk. In reply, the defendants wrote a letter to plaintiffs intimating that they had stated their reasons to the auctioneers for refusing the butter. The butter was ro-sold on tho 24th April, and realised L 193 9b 6d. Cross.examined by Mr South— The survey was made in writing. ])o not know if it was Wellington butter. Was not awaro that the butter had been previously sold to Cliing, Churches, and Co, and rejected by them. R. Reeves, auctioneer, called— Said that ho had sold by auction forty-two kegs of butter, placed in his hands by the plaintiffs, to Hall. Finlay, and Co., at Is 6£d per lb., and that they had refused to take it. The butter had been re-sold at the plaintiffs' request, when it was bought by Henderson and Bonar, for- la 3d per lb. By Mr. South— lt was offered for sale by me as Wellington butter. Messrs Mouatt aud Virtu were called, and stated that the bulk of the butter was in every rospect the same as tho sample, Jn answer to

questions from Mr South both theso gentlemen said they were of opinion that it was not Wellington, but Sydney butter. Mr Mouatt also stated that ho was present at the sale by Mr Reeves, and that tho butter in question was put up for sale by him as Wellington butter. Mr. South here moved for a nonsuit, on the ground that the butter had been put up and sold as Wellington butter, and that the defondants had not had an opportunity of examining the bulk of tho butter. After hearing Mr Oakes for tho plaintiffs on the nonsuit Mr FitzGerald reserved his decision. Mr South then called Mr. Hall, sworn — said he had bought the butter solely on Mr Reeves guaranteeing it as Wellington butter, and was also told by that gentleman that if every keg was not according to sample lie need not take it. Examined the bulk of the butter in company with Mr Cassius, in Bain and Houghton's store, and found it was not Wellington butter, and was v cheesey," and quite unsaleable. It had been agreed that Mr Cassius was to take half tho butter, but after seeing it he refused to do so. By Mr Oakes— Was pre* sent when the sample was handed round. Believed the bulk and the sample were one und tho same 1 -, but df a different quality. Mr Cassius was called, and corroborated Mr Hall's evidence, as to the inferior quality of the butter, which he stated was Syduey butter. By Mr Oakes —Heard Mr Reeves guarantee it as Wellington butter. Did not think the bulk was equal to the sample. A judgment was given for the defendants, with costs, on the grounds that the butter had been sold for Wellington butter, when it had been clearly proved that it was not. Mr Oakes on behalf of the plaintiffs, gave notice of appeal. Kennedy v. Mulligan — Judgment by default for L 8 and costs, balance of the purchase money of a horse. Hart and Levy v. Cheswass — Judgment by default for Lls 3s lOd, and costs, for goods sold and delivered. Bennett v. Glogoski. Judgment for £l 11s 6d and costs, for professional services, Bennett v. Pennefather. Judgment for £2 10s and costs, for professional services. The following list of civil cases is set down for hearing this day: — Berndt v. Layton, Bain and Houghton v. Mansford, O'Connor and Ward v. Larkins and Ryan, O'Connor and Ward v. M'Gowan and Edgar, Anderson and Mouatt v. Cantwell, Brocklehurst v. Sykes, Airth v. Potter, Crocklehurst v. Cleary, Martin v. Gawn, Learmont and Gibbons v. Kingwell, Finlayson v. Edgar. In the cases of M'Gregor and Harvey v. Arraitago ; Cousins and Co. v. Meyer ; M'Gregor und Harvey v. Cleary and Welsley ; London y. Moss, there was no appearance of plaintiffs or defendants.