RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume V, Issue 266, 15 December 1874, Page 6

RESIDENT MAGISTRATE'S COURT.

V■';jyjlßfePP«inrn» {& 1874.' ,'''.,;:,,',] 'Wit, i <?ABEB. : 'r, '. ~ '\ ~ Go. v., Joshua Perry ,«r Judgment by drf&nlt for £4O, with coats of Court and costs, ; : ' , '..\, 1? 'ttaHehstobV and Co. o. Henry Dixon. ~ i'lto, £l9 Is. Jadgmentfor amount claimed fyyitiMW X?f Yfrrm ! ;; « ! "-" ! - Bank of WW South Wales v. Charlds Colcloagh.—Claim, the value of a safe and jsair.bfgoldscales.. .j il■• rjfi hwirti^i JfeK Wilson l appeared,,for the plaintiffs; and thw.wfendant Theioiroum- ' •'Stances. of .the case for the plaintiffs, as stated in ■evidencef by the, )}ank-agens„ Mr Preshaw,, were shortly as follows he arranged with Mr the latlfcer tq act as gold-buyer =at Cardrbtia for the, for theconvenience and Use of"Mi ; Colciough'sent him the safe and 'goldscales,sued : for I .' IJje 1 produced' a duplicate Key°of the safe; whfehhe had put in an envelope at the.time wheri it was sont to Cardrbna,,and; labelled, Safe' belonging to; Bank of NeV South and in* the possession •of Charleß Cololough, Gardtona.?'i; fo ".' qail Fto!^e ; defence,;it ;was ipleaded that the Limitations appliedito the transaction; Golclough, \a, .evidence, stated that the "safe, was made a present to.him by the Bank, as .pi indirect, payment ?orhis trouble and services in the matter gold. He, denied that since tne safe came to him at Cardroria, the Bank of. New South Wah» had ever any title "whatever to' bwriership'of it. .', With regard to the point, as to the limitation,, Mr Wilson contended for the plaintfffsthat the Statute could not apply, as, up to ifche time M* Colclongn left Cardrcsna, the Bank iad |oirit "use and possession with him of the and that as he left: in 1869, the six years hadnof yet runout.!, For the defence it was 'contended that' the Bank had no use or posses* 'sksn'of the safe at any time Whatsoever. ...... ~i The Magistrate took time to consider his dexjfeiojttJ ■ On the merits of the case, it was simply *oatlt Against, oath,' and Was therefore rather •difficult dticide. '& donbtfol. point with re'gatdfy'j&e question of iihe Statitteef Limitations applying was whether it-did not apply even in the'Bankhavmg had joint use and mssessioh of thesafe up ti111869. Judgment was "reserved for one week. v