RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2124, 25 February 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Turnbull and Co. v. Burke was a claim for L 97 Us 3d. According to the evidence of the plaintiffs, in November last they received an order for goods from Messrs Harper, Black and Co., of Oamani. Hearing that Mr Burke held a bill of sale of the property of that firm, they saw him him before they consented to forward the goods. He expressed his willingness to satisfy them on that point, and asked that the invoice should be sent in to him and he would send a cheque for the amount. Mr Turnbull replied that he did not wish him to go that length, and said he would be satisfied if Mr Burke endorsed the bill of Harper, Black and Co. when received, Mr Burke remarked that endorsing the bill might injure the credit of Harper, Black and Co., and said he would see the plaintiffs paid. On that assurance they sent the goods. Mr Smith, who appeared for the defendant, submiffed as grounds for a nonsuit, that it being a promise to pay the debts of a third party, it should have been made in writing.—Mr Burke said in his evidence that on the occasion referred to whatdie did was to offer to give a cheque for Harper, Black, and Co.’s bill, if it was handed to him within two

days properly endorsed which was not done. His Worship said that the statements were so diametrically opposed that he had no alternative but to dismiss the case. Briscoe and Co. v. A. Buchan, master of the ship Timaru, was a claim for Lls 4s 3d, for goods alleged to have boon damaged on the voyage out from England. The weight of evidence went to prove that the bulk of the loss arose from leakage, for which the defendant was not responsible. Judgment for plaintiff, LI 10s and costs.