MAGISTERIAL

Ashburton Guardian, Volume VII, Issue 2231, 20 September 1889, Page 2

MAGISTERIAL

ASHBORTON— THURSDAY.

(Before Mr O. A. Wray, R.M.)

The following concludes oar report of yesterday's proceedings : —

CIVIL OASKB. J. He-eltlno v W. Brown, claim £5 13 6 ". Defendant admitted owing £4 10« of the amount claimed. After an extended hearing tbo Magistrate gave judgment for plaint ff M. Rooney v R Burton, olalm £30 12.. Mr Outhbert o 1 for plaintiff, Mc Parnell for defenda X. Tho claim was for reovory of a loan of £30 and interest. Plaintiff aUted that he had loot defendant £30 In November, 1886, and was to receive 8 por cent Interest. Ho had subsequently taken a b'll from one R. Hfoka for ihe amouo 4 . bnt; plaintiff alleged that he merely did this to enable Barton ta raise money to pay one Cark £21 odd due by Burton on a promissory note. The bill was dlahoaorod. Hicks had sinoe beoame bankrupt, bat Rtoney had not proved In tieo*ute, as he had not looked to Hioks for the £30 4 but to Barton. No p«rt of tho £30 had been paid, el thai In oash or l y arrangement with the third party. The defence admitted the loan' but not 'he Interest, and said the loan had been p>.H by arrangement with tbe third party Hlcka. Hloka had beoomi Indebted £100 to Barton, and Roonoy knowing of tbla had asked him (Hioke) to deduot t c £30 owing by Burton to Ro n-y. Hloka subueqa^nMy paid Button £70, and told Rooney he had deducted tho £30. From the date of the settlement he considered be owed Rooney the £30 deduce., and bad put him down aa a oredltor to that amount io his statement of liabilities when filing his schedule In bankruptcy. Owing to the Msglstrato having to leave for Timaru, the oase was at this stage adjourned for a week.