SUPREME COURT.

Wellington Independent, Volume VI, Issue 564, 8 March 1851, Page 3

SUPREME COURT.

Before His Honor Mr. Justice Chapman

Saturday, March 1, J 851

The Jury having been impanneled, His Honor informed them that there ■were no prisoners for trial this session, and congratulated the community, upon the small amount.of crime that prevailed in the district. His Honor said that he had been presented with a pair of white gloves by the Sheriff, Mr. St. Hill, being the third time since he had been on the Bench that a similar occureuce had taken place. Friday, March 7. 1851. Civil Sittings. In Bethtme fy Hunter v. Biass. Mr, Ross on the part of Defendaut moved that the cause be postponed on the ground of a material witness being absent from Wellington. Mr. Hart for the Plaintiff not opposing—the Court postponed the trial until the 18th inst. Bethune (5f Hunter v. Tyser § Martin. Action to recover amount for goods sold and delivered.—Undefended. Mr. Hart for the Plaintiffs—stated the .case to the Jury, and called, and examined Mr. Jonas Woodward—l am clerk and bookkeeper to Messrs. Bethune & Hunter. • I am acquainted with defendant Martin's handwriting—the letter produced of 19th December, "1849, signed by Martin put in and read—-acknowledg-ing receipt of certain goods. I recollect Mr. Tyser coming to Wellington; he bought certain goods; it was sometime in the beginning of February, J849; J bftve'a copy of the Invoice of such goods;

the invoice was delivered to Mr. Tyser • the goods were sentto the vessel for him • the value of the goods sold was £0.5 7 S ' 4d. Certain letters and account sales signed"Tyser & Martin/ , and i a the handwriting of Mr. Martin were produced in evidence of the several items of demand. All the goods were delivered before the dissolution of the Firm of " Tyser & Martin." The Plaintiffs sent lo Otago—after the receipt of the account sales—for the delivery of the dependencies Mr. George Aiken of Nelson A letter of Mr. Martin's put in and read— statintr that certain goods had been delivered to Mr. Aikin. Witness then proved what goods were still remaining undelivered—and the prices thereof. Account sales have not been rendered of these goods. It is customary to charge interest on account sales when rendered, as the cash ought then to be paid. 10 per cent, is charged for interest—that is the current rate.

By the Court—The ale sold at Bs. and 10s. per dozen.

Mr. E. Roe, Jan., called and examined by Mr. Hart—l am warehouseman to Plaintiffs. T recollect Mr. Tyser being in Wellington in February 1849; he hud some goods from the Plaintiffs. I delived the goods to the vessel; I produce the delivery book which contains the articles.

Verdict for Plaintiffs £250, with interest on £235 4s. 2d, from 28th Nov. 1850.

Moore v. Tyser # Martin, Undefended. Action for goods sold and delivered. Mr. Ross for the Plaintiff, stated the case to the Jury, and called

Mr. W. H. Hales,—l am Clerk to Mr. J. Moore; Mr. Moore keeps his owu books; I have been with him two years and a half; / believe the goods have been delivered.

The Court objected to this being taken as proof, the witness not keeping the books himself.

By Mr. Ross.—l addressed a case containing bonnets ; I do not remember the number of bonnets in the case ; I believe there were only three ; I have no idea of their value ; but they were pretty good ; the bacon and ham did not come under my notice : I produce the receipt of the carter for the goods on account of Tyser & Martin; Mr. Tyser ordered the goods at our store; I should think the pork worth £2 17s. the barrel: the bam and bacon sd. per It; the paper 14s, per ream ; the bale contained only one ream; the mill was worth, as far as I am able to judge, 355., and the steelyards 30s. j

Mr. Jonas Woodward, proved the handwriting of Mr. Martin to a letter acknowledging the recept of goods. Mr. Charles Gillespie,— I am a laborer in the employ of Mr. Moore, the plantiff; my business is to pack goods ; I remember packing goods in 1848, consisting of ham and bacou, one case and two casks ; I have no idea of the weight; I know that there was more than 200 cwt. ; the ham and bacon was in good condition ; it was sent to Messrs. Martin & Tyser, at Otago.

Verdict for Plaintiff for £21 10s. 10d and No llα prosequi as to the three las items in the account,

Hervey fy Johnston, v. Vincent.—Undefended, Mr. King for the plaintiffs, stated the case lo* the jury, and called and examined,

Mr. Gilbert Pickett—l am Clerk to Messrs. Hervey Johnston & Co.; I know W. E. Vincent the defendant; he is a publican ; the bill produced is accepted by him ; it is drawn by the plaintiffs. Mr. Henry Hamilton Knowles called and examined—l am Clerk in the Union Bank of Australia; I know the defendant Vincent; the bill produced became due on the Ilth January last; the defendant had no funds in the Bank; the custom is if no funds to return the bill when it is produced by the holder without lodging it in the Bank and in that case the bill is not marked.

Verdict for plaintiff £C 018 7 and interest.

Loxley, v. Vincent.- -Undefended.— Mr. King for plaintiff stated the case to the jury, and called,

Mr. Pickett—l know the plaintiff W. S, Loxley; he is a merchant carrying on business at Wellington ; I also know defendant Vincent who is a publican ; the bill produced is drawn by plaintiff and accepted by the defendant; the endorsement is in the handwriting of the defendant; the second bill is also drawn and accepted by the same parties, and the third bill likewise; I have known Mr. Loxley the plaintiff 2 years and 9 months ; the customary rate of interest is 10 per cent. . j

Mr. Henry H. Knowles—l know the plaintiff W. S. Loxley, and defendant Vincent; the three bills produced have not been discounted ; they have been entered into a book for collection; I presented them ; there were no funds of defendant; the Bank charge is 2s. 6d. on each bill; Mr. Loxley would have to pay 7s. 6d. on the three bills.

Verdict for plaintiff £108 0 4, and interest.

M'Belh,v. Hobson— Undefended. Mr. King for the plaintiff stated the case and called.

Mr. J. F. Healy—l am Clerk to Mr. M'Beth ; I know the defendant; he was a storekeeper in this town ; he also kept a Coffee House ; there were transactions between the plaintiff and defendant; I produce a ledger shewing accounts between them ; it is in the handwriting of two Clerks to the defendant besides myself; the balance was njade 31st Dec. },849, £129 (TB,; , "defendant had counterpart of the account in pass book; the defendant admitted balance due to plain,; j

tiff; to mo there has since been gonds returned reducing the umount duo to £01 os.. 7d. .....' Verdict for plaintiff £61,55. 7d.