RESIDENT MAGISTRATE'S COURT.

Auckland Star, Volume II, Issue 561, 27 October 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Fkiday.

[Before Thomas Beckham, Esq., R.M.]

Tiie usual Court for the recovery of small debts vvus held this morning. Steyknson and Son t. M. Caffrtsy.— Claim £20.—Mr. Lusk for the plaintiff; Mr. Hesketh for the defendant.—The plaintiff sued for.-Joss of £2 each upon re-sale of eight Thames shares, and £4 broker's commission. The following facts were deposed to by the plaintiff. He said the defendant, who is employed at Mr. Wiseman's, saddler, came to him on Saturday, 30th September, and asiied plaintiff to get him ten Thames shares at £22 each. Plaiatiff said the price was £23, but defendant said he would not give for them any more than £22 each. On the 2nd of October procured from Mr. S. 11. Smith three shares at £22, and subsequently five more from George Bennett at, the same price. Defendant came to the office and declined to take the shares. Plaintiff said the defendant must take them. Defendant told the plaintiff that the " party" he was acting for was supplied. Plaintiff re-sold at £20 a share. Ihe plaintiff thereupon brought the action to recover £2 on each share, and £ k by way of commission. -The dsfence was that, the purchase was made conditionally —that there was never a positive order to buy, 'but that if the plaintiff chode to get the shares, he, defendant, would advise his 'riend to have them.—A witness, named Robert Fellowes Webster, corroborated tho defendant's statement. —'James Lamb, foreman at Mr. Wiseman's gave similar testimony.—The -plaintiff was nonsuited. RuckV. Vinoknt.—Claim, £6.—This was a claim to recover an amount due for boarn and lodging, at 30s. a week. The case was proved in the ordinary way, and judgment given for the plaintiff.