RESIDENT MAGISTRATE’S COURT.

Western Star, Issue 374, 21 August 1880, Page 2

RESIDENT MAGISTRATE’S COURT.

WEDNESDAY, 19TH A.V&. (Before J. TK. Wood, Esq.. R.M.) Kelman t. Wmton. — His Worship further reserved judgment in this case for a fortnight.. .. Whiftingham Bros and Tnstnn* v, Wilson, —Claim, £4 10s. Defendant did not appear, and judgment was given for the amount claimed and costs. Alley v. Henry.—Claim, £lO 2a 6d, — Summons not served. Case postponed. Dawson v. Pvondfoct.—Claim 18s 6d. Ho appearance of plaintiff. Eeseigh v. Bain.—Claim, £l, board and lodging. Verdict for amount and costs 12s. Gilkinsdn (trustee in estate of F. W. Baker) r.’Hunter.—Claim, £2 12s 6d. Verdict for amount and costs. Crockett v, Hal Gray.—Claim, £2 Judgment for amount and costs. : Gilkinson v. Clapp.—Claim, -£6 6s lsd. Defendant stated that on Tuesday morning he forwarded a cheque for £4 4», and a few hours afterwards hs was served with a summons for the total amount of the claim. He now put in a set off of £2 2s, which with the amount already forwarded, settled the account. Plaintiff acknowledged having received a cheque for £4 4s, but he objected'to the setoff, on the ground that it did not correspond with that furnished on a previous occasion, there being ft difference of £1 between the two accounts.' Defendsnt explained that the discrepancy arose on account of bis overlooking several items on making out the first bill. At this stage the case was adjourned pending the arrival of a material witness from Invercargill per morning (rain. On the hearing of the case being resumed, Mr Finn appeared for defendant, and asked for an adjournment, on the ground tbet the summons was not served in time, and also that a bill of particulars did not accompany the summons. The . case was accordingly adjourned till 15th September. Gilkinson v. Featherstone.—Defendant, as secretary and treasurer to Riverton Athenaeum, was sued for £ll 8s 61, being amount due estate of W. F. Baker for rent and services as librarian, &c. £9 6s 8d was paid into chart, in satisfaction, of the claim, which plaintiff refused to accept. The evidence showed that the A then ream Committee leased from Baker for a period of two years, certain premises as reading room and librarv, Baker also,to act os librarian, supply, light, fire, &c., fop the sum of 25s per week for the first sis months, a fresh arrangement as to charge to be made at the end of that term. Before first six months, Baker became bankrupt, for some weeks prior to which ha neglected to properly attend to his duties as librarian, &c., and it was on that account that, the Committee declined to pay the full amount agreed upon. Mr Jas. Reid, President of the Athensinn, stated that he had frequently remonstrated with Mrs Baker who chiefly attended to the reading room, at the unsatisfactory manner in which the duties were performed ; books were allowed to be tsken from and returned to the library and no record kept, of them, and the reading mom was also neglected. Baker in his evidence stated that he bad never been complained against for net attending to the Athenaeum properly. Plaintiff remarked that had he known that Baker had been found fault with, he would not have brought’the case on. In giving judgment, bis Worship said that" apart from the library not being properly looked after, the committee had a claim for. damages on account of the loss they were put to in having to remove to other premises. He gave judgment for the amount'paid into court without costs.