DISTRICT COURT.—This Day.

Auckland Star, Volume V, Issue 1209, 8 December 1873, Page 3

DISTRICT COURT.—This Day.

(Before his Honor Thos. Beckham, Esq., R.M.)

CASES ADJOURNED TILL JANUARY.

S. Jones v. Thos. R.ogers, £G9 15s, for promissory note ; Combes and Daldy v. David Burnside, promissory note.

DEFENDED CASES.

John Anderson v. S. Cochrane and Son, £93, money had.

Mr Rees appeared for the plaintiff and Mr Alexander for the defendants.

In this case the plaintiff, who resides at Waiwera, sued Messrs Cochrane and Son, the auctioneers, for the proceeds of the sale of certain goods, including a steam engine which had been brought over from Sydney by the Hero, consigned to plaintiff. It appears that the goods arrived in July, and were lying in Messrs Cruickshank's store for a long time without being claimed. In consequence of an advertisement the plaintiff called at Messrs Cruickshank's office and paid £20 freight on account for the goods, leaving a balance of £10. The engine and plant were intended for a flax-mill, which was not erected. The goods were still left at Messrs Cruickshank's ; and some time after,- in consequence of another advertisement, plaintiff gave instructions to defendants to sell the goods, pay all charges, and recoup themselves out of the proceeds. Prior to the sale several claimants of the goods came forward, and a meeting was hold at which it was determined that they should be sold "for the benefit of whom it might concern." The goods were subsequently sold, and defendants refused to make over the balance of the proceeds to plaintiff, who thereupon brought the present action. The main defence set up was that the plaintiff had concurred in the arrangement that "the goods should be sold for the benetit of those whom it might concern," and had thereby admitted the doubt of ownership. This the plaintiff in his examination strenuously denied, and swore that he had never entertained the idoa of anybody having an intesest in the goods other than himself.

Mr Wm. Cochrano was examined at some length, and deposed to receiving instructions from the plaintiff to sell the goods. Messrs Cruickshank and Co. at first allowed the authority of plaintiff to put up the good 3 for sale, but subsequently sent a letter to witness' firm, warning them against selling the goods on plaintiff's behalf. They received part of the goods from Messrs Cru'ckshank, but not the engine, which was sold as it remained in their store. The bill of lading for the goods had been mislaid. Mr Cruickshank was examined, and gave evidence of several claims of ownership having been received by his firm on behalf of the goods in question. He believed he had seen a bill of lading for them, but it was not endorsed. The goods had not been parted with on authority received from Mr Anderson. A sum of £45 paid to witness' firm by the defendants for charges was not received on behalf ot the plaintiff. Mr Alexander contended that the action must fail since the goods had never been received by defendants from Messrs Cruickshank and Co. on plaintiff's account, and consequently could not have been sold on plaintiff's account. Mr Kees replied, after which his Honor deferred judgment.

Second Schedules of Contbibdtojbies. WATERFALL GOLTOriNINU COMPANY. The second schedule of this company was con firmed on the application of Mr Rees, I l', ■N- W»*a«c having raa de the usual statutory assertion. OAVSi:\Rixo- GOLDSHNISTO COMPANY V. CA.KL FISCHEK. Adjourned till next Court day. HARP AMD SIIAMBOCK GOLD MINING COMPANY V. MAiTITKW DBLAK.TSY. Mr Rees for the plaintiffs and Mr Madden tor defendant. This case had been adjourned for a month to enable Mr Madden to show cause why one William Scanlan should be forced to forego a claim against the company for £G0 17s. Mr Scanlan was now in Court, and went into the witness box. At the conclusion of his examination- by Mr Madden it was agreed on both sides that witness's claim should be reduced by £36 18s. Alter some discussion the Court decided that the costs should be paid by the company.

The Court was then adjourned tiJl .10.30 o -morrow morning.