RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2185, 9 May 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Day. (Before A. C. Strode, Esq., R. M.) Civil Cases. Finlay and Gilmore v. Hears. —Ll2 19s 9d. Mr Finlay said lie received an order for kauri timber, but not having any, he sent totara. This the defendant refused to receive, as it would be cheaper up at Lawrence. Judgment fur the defendant. The amount of the demand was tendered by cheque to the plaintiff and refused. His Worship held this not to be a legal tender, and refused to allow costs. H. Spears v. George Elliott.—A claim for balance of account, LG IGs 3d. Mr Haggitt for the defendant. The plaintiff said he agreed with the defendant to build a house for him, labor only, and lay the bricks for a pound the thousand. After the building was begun, an alteration was made in the arrangement of the chimneys, by putting them outside instead of inside, and for this he charged an extra price. For the defence it was contended that the laying of the bricks was to be at the rate of a pound a thousand, and that there were 11,000 bricks used, and that the plaintiff was not Aititled to charge extra for building outside chimneys. It was further contended, that although the work was done in 1808, no account was rendered until a month ago, and not until a contra account amounting to L2I odd had been rendered. Evidence was given in support of the objections, Judgment for the defendant.

In the following cases judgment was allowed to go by default for the plaintiffs : Hutton v. Sexton. —L2 Is 7d. Findlay and Gilmore v Sheddin.—L2 2s fid. Taine v. Teller.—Ll fls Id. Keenan v. Blanford.— Lll 7s 6d. Mercer v. Kirkland.—LS 4s 3d. Findlay and Gilmore v. H. Gregg. —L2 4s 7d.