RESIDENT MAGISTRATE'S COURT.

Western Star, Issue 347, 1 May 1880, Page 6

RESIDENT MAGISTRATE'S COURT.

(Before J. N. Wood, Esq., E.M.), W APRIL. M'Killop and Traill v, M'Lcod, —Claim, £59 17a 6,d, for timber sold and delivered. My Finn appealed for plaintiffs, Hr Matthews for defendant, who, p,leaded not indebted. The evidence of Messrs (junior and senior) and the order„of the timber by defendant,the quantity at the timber yard, and landing the tinker on the jetty for shipment by the Eliza MM;Miee;d Defendant did not bring any rebutting evidence with, regard to these witnesses’ testimony, but the witnesses Were cross examined at length by counsel. Mr Matthews produced an agreement between plaintiffs and defendant, whereby the former agreed to supply timber for sis; months at the rale of 5a Od por 100 feet, payment to, be made monthly on the measurements taken at Dunedin The measurements had not been taken at Dunedin, therefore counsel contended that plaintiffs should be nonsuited- Plaintiffs denied that the cargo of timber now sued for \vas intended to come within the scope of the agreement referred to, and A, Traill said he understood the agreement, at defendant’s suggestion, had been cancelled.— plaintiffs were nonsuited with £2 2s costs, M'Leod v. Tapper,—His Worship now gave judgment in this case, which, wfts « edmm for

£5 15s, value of a. quantity of timber belonging to plaintiff which’had been seized and sold by defendant. —Judgment was given for the amount claimed and costs. Boivjn v. Baker,— Plaintiff sued for the recovery of a number of baker’s tools illegally detained by defendant, It. appeared that since the summons was issued defendant bad become insolvent, and his business was now in the hands of his creditors, Defendant expressed himself willing to return the articles, bnt ho had no power in the matter. —Tho Magistrate postponed the case until sth May, and remarked tfiab he thought the trustee ot the estate was the proper person to apply to for the goods. An application was made by Messrs Smith and Anderson for a reheating of the case M'Leod v. Houghton, on the ground that additional evidence on fhe merits of tbp case would he forthcoming. Mr Matthews was instructed to oppose the application, bub the Magistrate refused it, on the ground that the fresh evidence was not sufficient bo justify a rehearing. Mr J. Smith, of the Railway Hotel, Otantau, was granted a temperary license for the Qtautau races.