RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 305, 14 September 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., 11.M.) Tiiub3dav, September 13. ' Drunk and Incapable. — Alexander Thompson was fined 5s for this offence, or in default 24 hours' imprisonment with hard Jabor. CIVIL CASES. [ Lyons v. Crutty and party. — For wages. Mr South appeared for the plaintiff, who was nonsuited. Emerson and Co. v. Nankerviss. — For goods supplied. Judgment by consent for L 25 17s lid, and costs. Van Damme, Beit and Co. v. Buckley. — For goods supplied. Judgment by default for L 45 2s, and costs. Emerson and Co. v. Ware. — For goods supplied. Judgment by default for L 29 1 9s 2d, and costs. " , , Molloy v. Fisher. — Thi3 was an action brought to recover the sum of L 5, for damages done to plaintiff's fence. His "Wor&hip considering that the action should have been brought in the Warden's Court, Mr South, who appeared for the plaintiff, withdrew the case. Clark v. Sullivan.— The defendant being in gaol, the case was dismissed. - Tyrrell and Co. v. Eicke. — For advertising. Plaintiff nonsuited. Jones and M'Glashan v. Torceau. — Mr Rees for the plaintiffs, and Mr Button for the defendant. It appeared that the de» fendant, on the first of September, bought a horse for L3O at a sale held by Mr Eicke (a member, of the firm of Jones, M'Glashan and Co.), at their yards, in Ilevell street north. The horse was guaranteed by Mr Eicke as being staunch in harness, and a good packer. Immediately after the sale, the defendant signed an entry' in the >sale book acknowledging the purchase, but refused to pay a deposit, and subsequently refused to complete the purchase. The plaintiffs resold tbe horae at defendant's risk some few days afterwards, when it was bought for L 6 10s. They now sought .to recover the difference, L 23 10s, and certain other charges, including commission, &c, &c, Ll 6s, amounting in all to L 24 X l 6-5. — In cross-examination by Mr Button, Mr Eicke assigned, as a reason for the horse realising only L 6 10s, when he was resold at defendant's risk, that there "were only two people present who dealt in horses, and further that it was a wet day. It was sworn to v by the person who had placed the horse in Messrs Jones, M'Glashan, and Co.'s hands for sale, that on the day previous to the horse being sold by auction he had been offered L 25 for him. For the defence Mr Button called the defendant, who stated that he went into the plaintiffs' sale yards on the day in question, and saw the hor c harnessed to a v cart, and on Mr Eicke's recommendation that the horse was " sound," was induced to bid for him, and finally purchased the horse for L3O. The defendant went into the office for the purpose of signing the sale book, which he did, and was about to pay a deposit on his purchase, when a friend came into the office aud told him that he had attempted to back the horse and found he was lame. After hearing counsel on either side, his worship, Joeing of opinion that the fact of the horse being lame had not been satisfactorily proved, gave judgment for the ; plaintiff for the full amount claimed, L 24 16s, and costs.

Emerson &, Co. v. Mohr. — For goods supplied. Mr Kees for the plaintiffs. Judgment by default for full amount claimed, L 5b v , and costa.

Armson v. Wagner. — Mr O'Loughliu for the plaintiff, and Mr Button, for the defendant. The plaintiff, an architect, sued the defendant for commission for preparing plans and specifications, and other business. The evidence of three architects was given in proof of the custom of charging 7-i- per -cent, for additions and alterations, and half per cent, for calling for tenders in cases where the works do not proceed beyond that stage. The plaintiff's evidence went to prove that the plans were prepared in accordance with the instructions of defendant, and that no limit of cost was given. The defendant denied these statements. Judgment was reserved until to-morrow.

Spence Brothers &Co. v.Dunlop &Co. — This was a claim of L3O, for towage of the Excelsior from the roadstead to the Hokitika wharf by the steamer Challenge, the property of plaintiffs. Mr South appeared for the plaintiffs, and Mr Button for the defendants. The defendants pleaded not indebted, as there had been no contract with the plaintiffs, but on the other hand they had made arrangements with Messes Carey and Gilles that the Lioness should! tow the vessel in, who looked to iiim for payment of the sum agreed upon by them. Judgment was also reserved in this case until the 14th.

Tliß Court then adjourned until eleven o'clock to-mon,x»w (this d»y)-