RESIDENT MAGISTRATE'S COURT, CLYDE.

Dunstan Times, Issue 633, 5 June 1874, Page 2

RESIDENT MAGISTRATE'S COURT, CLYDE.

Thursday, June 4. (Before W. L. Simpson, Esq., R.M.) Hmy will v. M’Lellan.—Claim 4 1. Mr Wilson for plaintiff. „ Defendant admitted having received the money, but pleaded’not Indebted. Received the money as Manager of the Pneumatic Gold? Mining Ccmp any. Plaintiff deposed that the Pneumatic Company was in difficulties, and it was considered necessary defendant should go to Dunedin to negotiate a loan. M ‘Lellan asked for the money at a meeting of shareholders and directors held at the Bendigo Hotel. The defendant’s going to Dunedin wan discussed. Two of the Directors refused to advance money to the Company. Advanced the money to enable defendant, to go to Dunedin as Manager. Did not take any writing. Defendant offered to give me an I 0 U as a private indieidual. Advanced the money to M’Lennan as a pi ivate individual. Six or eight months ago spoke to defendant about the money. He said he considered he was indebted ; that he had not tire money at the time, but would pay it. Never entered my mind that I advanced tire money to defendant as a Director.

‘ Defendent said it was understood that his expense were to be paid. Do not remember anything of the communication referred to by plaintiff. It was understood that the money was to he paid. Benjamin Naylor: Recollected a meeting of the Pneumatic Dredge Company at the Bendigo Hotel. Did not know what was done, as lie was busy at the time. There was an attempt made to raise money to ■send M‘Lenaan to Duendiu. Keither offered nor refused to advance 11101*33'. Was simply willing to do as the others did. •’

The Bench said, up to the time of the conversation referred.to in the evidence he had no doubt but plaintiff advanced tbs money with the idea of bonelitting himself as asdiaiehohler, but after that he thought the liability rested on defendant personalty. However he would not say if the Company had improved its p sition, ami defendant impeouui ms, whether the present position would be held I y pdaintiii. Alter adjourmeut, judgment was given for plaintiff for the full amount claimed.

Honywill v. Naylor.—Claim 10’. (is. 4d. This was an amount alleged to be due by defendant) consequent oil his having promised to sec plaintiff paid. Defendant denied ever making the promise On the promise the evidence principally rested, and it he ug considered by the Pencil in favor of defendant, a verdict accordingly was given. The case involved no pnntic interest, and as the pers in in whose behalf the ad, ar.ee was made has since died, we omit details.

Low v. Duncan. Claim, trespass for travelling sheep without notice. These

was no appearance of either party. Cox v. Poole. The magistrate sai lhe was very sorry he was not in a position to give a verdict for the plaintiff, the dmcndant having taken advantage of the plea that the plaintiff’was in the position of a trustee at the time. Lie was astonished that the Council sitting in conclave should have instructed their Solicitor to raise the pea, and take advantage of any legal technicalities. The plaintiff hentpon applied for a nonsuit, which was granted. Application-was made for Costs, but the Magistrate refused to give professional costs.