DISTRICT COURT -MONDAY.

Auckland Star, Volume I, Issue 169, 25 July 1870, Page 2

DISTRICT COURT -MONDAY.

jjßefore Ti. Beckham, Esq., District Judge.] ' fine \kiial bi-monthly sitting of this Co\irt v&s held"to day. , , ,?;.•/ , y~ H \" JUDGMENTS. "' 503 TH ISLAND GOLD MININOvrOOMPAinr V. p ncwAEBiV? : ;, His 'Honor gave judgment for defendant in this tause, heard last Court day. I>i~VVN OP HOPE GOLD MIKING COMPANY. 7 His Honor gave judgment for-the defendant in this cause,, heard last Court day. . HOUNE Vi D. HAY. Claim, £15 133. 4d. , :.-.\ .: j 'Mr. Brookficld for plaintiff. ~ Robert Home deposed that the defendant, Mr. Drummond Hay, was indebted to him ou the Bth of -July, 1869, in the sum of £55. The present action was to recover the balance still due and owing. His Honor gave judgment for plaintiff, with interest from the Bth July, 1869. SCOTT V. W. K. MUKBAY. This was a case tried befcre the Court and referred to arbitration. Mr. Elliott Meyer brought up the award, in which the arbitrator directed that £60 should be paid to the plaintiff; also, £12 175., the cost of the reference, and £8 17s. the Court costs. Judgment for the plaintiff accordingly. IMPERIAL CHOWN GOLD MINING COMPANY T. LUNDON. Claim, £22 4s. Id. Mr. Weston appeared for the plaintiff. This was a claim for calls, at one ■hilling each, upon 444 shares. Mi-. Stoddart proved that the amount was due. TUI AND CTTOKOO COMPANY Y. THOMAS DAVIES. Claim, £23 6s. Bd. This was also a claim for calls upon 350 shares. The debt was proved by My. J. A. Jones, the legal manager, and judgment passed for plaintiff.

COOK Y. COECOBAN,

This case was referred upon the last Court day to the arbitration of Mr. 'Hesketh, who now awarded that the defendant should pay the plaintiff £21 2s. 9d., including a sum of £12 paid into Court. M'ABTntJB AND SHEHA V. GILLIGAN. Claim £50. This was a claim for goods sold and delivered. The claim was proved in the ordinary way, and judgment passed for the plaintiffs. LTTSK V; COBOMANDBIi GOLD MINING- COMPANY. Claim £26 18s. This was a claim for professional services by a solicitor. Mr. H. Lusk proved the debt, and judgment passed for plaintiff. DAWN OF HOPE GOLD MINING COMPANY V. CHOMBIE.

Mr. Wynn, at a later period of the day, asked the Court to state the ground of its judgment which had been given for the defendant.

His Honor : Because there was something to be completed. It was clearly sworn that t'<erc were two instalments to be paid before the defendant could bo on the i-egister, and he could not be a shareholder until the dofendant was on the register.

Mr "Wynn: With all due respect to the Court, Hi !• would have been a ground for nonsuit ii Iho counsel for defendant had applied for it. If there had been a jury tho Court would have been bound to direct them to that effect. The judgment is unsatisfactory in this respect that it deprives the plaintiff of his right of appeal. Hi 3 Honor : Had the application been made to nonsuit, that matter would have come under the decision of the Court.

Mr. Wynn : If your Honor pleases, I will move next Court-day to enter a nonsuit, or for a new trial.

HENDEBSON V. BTTCnANATT. It -was agreed to refer this case to the arbitration of Mr. Brookfield. . / , ~ .- . *

THAMES CRUSHING CO.—WINDING-UP,

M^r. liees said he had the consent of the maiKger in this case to take short notice. The implication to wind-up was signed by three (j-rcctor?, and undei1 the seal of the company.

His Hon«v ; Jl } B, and C, being directors, might make \he application, and there might bs opposition \o such a course proposed by tlie company. TJ^ Court does not see its way to do it unless it be ahown there was no opposition.

Mr. Eees: Wo will take the order subject to tbe condition that 1 here is no opposition nest Court-day. That removes the difficulty.

WE3TON V. 0. OTWAY, Clrim, £90 Is. lOd. Thi&was an action to recover a balance of account.

W. S.Weeton proved the debt, and judgment passxd for the plaintiff. HAND-IM-H/jid GOLD MINING COMPANY vl

HAEGBKAVES,

In this cast the summons appeared to hare been serTed upon the son of the defendant. The case was therefore adjourned to next Court day* i

"WILCOX T.HETWOOD (THE "WAITAKEBEI GOLD MINING COMPANY). Claim, £3", ss. iod.

This was a. action to rccovoir the above sum upon a contact entered into between the plaintiff and dfenpant, to do certain work on the WaitakereiQold Mining claim. Tho defence st up was, first, that the contract was improprfy stamped ; second, that the contract was nfc ma a o with the defendant otherwise than as a agent of the Waitakerei Gold Mining Comply, Mr. Wynn said £* contract was properiy stamped, but the stan, did not appear to have been properly obliterated.

Mr. BrooMleld admits that the work was properly dom., His U med friend admitted that the codtiact was not., lfl3cionfc] stampe d. Mr. Wynm If the work. properiy done then the plrntiff may go fo^ ork and ] aDOr done, for if a;man were to bu^ a pa i aco f or another, he could not say you v u &re ono sixpence because there is a teohnic^j o £ eet j a the contract.

Mr. ,Brookfield : But the contractual entered into w^h the defendant aa legal^ nnger, therefore the Pgout or .servant of th^ company. / ; Mr. W/nn : I* ■*■ ■ necessary \to state that Mr. H/J wood signed as legal manager. He shouW have signed " on behalf" or " for " the company, unless some words showing that he yas the agent of others, and so disclosed his true capacity, he was responsible. His Honor said he would'look through the; cases cited and give judgment on Thursday. [Left sitting.]