RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 957, 16 October 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, Oct. 15, 1868. (Before G. G. FitzGeruld, Esq., R.M.)

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„ Seo.tt arid Wilkinson v. iVeei— jSla'im for £10 4s oii a bill of exchange. Sir Houfh for plaintiff's, defendant in person. — Plaintiff Scott was examined, and deposed that in April, 1 868, instructions were received from It. Livingstone, of Dunedin. to apply to' defendant for an account. Defendant admitted the debt-, and in July gave an acceptance at three months for the amount of the debt and interest. That ac- . ccptar.ee Avas not met by defendant when j at maturity, and accordingly a summons I was issued.— Cross-examined; We are uot acting iiow. as agents for Livingstone, and [ We 'are ifabfe how to him for the whole of the money due on that bill. Livingstone's account against you was £16 12s, and I gave you a discharge in full when you accepted the bill. You never told me that you had made a composition. You never told me that if you could not take up the ■whole of the bill when it was due veil would Avant time to ray the remainder. Mr Wilkinson did tell me that you offered to pay ;glO. and offered to give "a bill for the balance. Your cleric ca'led on me ?md offered me some money, but I referred him to urn- sojicJtdr) Mr Smith.— William Wilkinson, the other plaintiff, gave corroborative evidence. — On cross-examination, this witness said : I remember telling you that we were acting ns agents for Livingstone. We wrote to Mr Kees on the Saturday about the bill, and took out the summons on the Monday. Mr lities never said to me anything about the composition. — This closed plaintiffs' case. — Defendant said that when the charge from Livingstone was presented, instead of paying the composition, he gave the bill for the full amount, with interest, on the distin :t understanding that he should have time to pay the balance of 1 the bill if he could not pay the Avhole when it became due. Defendant put in a deed of composition in bar to the action, and stated that he had already offered to pay £10 on the b ; ll ;;nd give another bill for the balance. . Since he had made the deed of composition he had been endeavouring to pay off all his creditors in full. The deed was dated November 1867, and the bill Avas given in July 1868. Defendant also submitted that no consideration had been given for the bill. — Mr South contended that the acceptance was given to plaintiffs as Livingstone's agents, in respect of a debt due by defendant to Livingstone, and for which plaintiffs had incurred a liability to Livingstone. — His Worship . said that the Avhole question appeared to him to be whether any consideration had been given for the bill. He was of opinion that there Avas, for when the defendant Avas asked for the money due to Livingstone they stayed their hands for two months, because they got the bill on Avhich the action Avas brought. If defendant had, when asked for the money for Livingstone, tendered the amount of the composition under the deed, he might have been in a. different position, but as it was, judgment must be for plaintiffs for the full amount claimed.

Kcdzlie v. Fane —Mr Recs for plaintiff; Mr South for defendant. In this case a rehearing had been granted. J'lainthT claimed to .recover the sum of £22 19s lid, monies had and received by defendant for the use of plaintiff. ' The defence was dc-. nial of owing any money to plaintiff. The hearing of this case occupied the remainder of the day, and consisted in examining matters of account between the parties. — His Worship gave judgment for plaintiff for the full amount claimed,

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