RESIDENT MAGISTRATE’S COURT

Ashburton Guardian, Volume V, Issue 1391, 28 November 1884, Page 2

RESIDENT MAGISTRATE’S COURT

ASHB D RTON. —To-day. (Before H. C. S. Baddelty, Esq., R.M.) Drunkenness. —A first offender was fined 10s and costs with the alternative of 48s hours’ imprisonment.—William Barton was fined 20s and costa, with the alternative of 48 hours’ imprisonment. Vagrancy.—Antonio Catiari, charged with vagrancy, was remanded until Monday next. Civil Oases Andrews v Woodley, claim L2 3s fid. Mr Branson for the plaintiff, Mr Crisp for the defendant. Mr Crisp took, a preliminary objection to the bill of particulars, and that it might be amended the case was adjourned for one week, plaintiff to pay costs. Stephens v Fergas, claim Ll 5 12s 61. — Mr Purnell for the plaintiff, Mr Crisp for the defendant.—James Stephana, the plaintiff, said the promissory note produced was given him by defendant. It had been dis oaored and not since paid. —Cross-examined by Mr Crisp : The promissory note was signed at Alford Forest. It was a renewal of a promissory note previously dishonored. The first note was in the possession of Orr and Co. Witness had seen defendant in reference to the first note, and had promised to endeavor to induce Orr and Co., who held the note for value received, to renew it. They had done so.—John Orr said that he had business transactions with the plaintiff. The original note had been handed to witness by the plaintiff, but on becoming due was dishonored. A renewal was then arranged, the defendant to sign the note now sued upon, and plaintiff to endorse it. This second note had been dishonored, and was charged to plaintiffs account with witness. Plaintiff was now the holder of the note.—William Fergus, the defendant, said that ho had given the first note for two months, and the plaintiff had promised to renew it if required. Witness tied on maturity of the first note given a renewal at one month. When the second note became due witness went to plaintiff with a view to obtain a further renewal. The plantiff told witness that the note had been handed to Orr and Co., and recommended witness to see them. Witness saw John Orr, and arranged that the note should be renewe for three months for a charge of 10s— John Orr, recalled, said that the defendant had seen him and asked to have the second note renewed for three months. Witness had expressed himself as willing to renew the note, but stipulated that the assent and endorsement of the plaintiff should bo obtained. This arrangement had not been carried out.—Judgment fori the amount claimed and costs.

Mooro v Mundy, claim L2 ss.—Mr Branson for the plaintiff.—Judgment for the amount claimed with costs.

Lohnet v Woodley, claim L2 12s.—Mr Crisp for the defendant.—Judgment for LI and costs.

Cuff v Pearson, claim L2.—D. Cuff, the plaintiff, said that he had been employed by the defendant, the bailtiff of the B. Court, to take charge of stock and goods at McKerrow and Go’s farm, After witness had been there five days, J. 0. Bell, the deputy Official Assignee, came to the premises and represented that McKerrow and Co. had filed, and recommended witness to relinquish possession. Witness did as recommended. James Pearson, defendant, said that he directed the plaintiff not to leave the premises until he saw him. It plaintiff had remained iu possession witness could have realised upon the property before the debtors were adjudicated bankrupts.—J. C. Bell, the Deputy Official Assignee, said that in the course of his duties he proceeded to McKerrow and Co.’s farm, immediately after the firm had filed, and placed a man in possession. He found the plaintiff in charge on behalf of the bailiff of the Court. The plaintiff had given up possession the morning following witness’s arrival.—James Leonard, said that he was frequently employed as assistant bailiff by the defendant. Witness was always instructed to retain possession until otherwise ordered by defendant.—Judgment for the defendant.