RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2205, 1 June 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Cases, G. K. Turton v. Ryan —L7 lls (id. Judgment by default for plaintiff for the amount. r 1 Burke v. Porter (adjourned case).—This case which had been adjourned by consent was a claim for wages, against which a certain sum, L 4 18s, was paid into Court, and a set-off pleaded for the balance. His Worship considered the evidence as to the setoff in favor of the defendant. Judgment for plaintiff for the amount paid into Court. Brenchley v. Wilson and Birch _ Mr M'Kay for the plaintiff and Mr Harris for the defendants. This was a claim for freight on a quantity of barley shipped at Moeraki, and consigned to the defendants on board the Esther Ann. Mr M‘Kay in stating the case adduced authorities to show that consign, es, being owners of goods were liable to the freight. For the plaint ff, Mr W. Sly was called who stated that ho was agent for the ship Esther Ann. out of which vessel on the 7th May, he delivered 254 hags of barley, weighing 25 tons, to Messrs Wilson and Birch. A week before the delivery Mr Wilseu had a conversation with him when Mr Wilson asked who was to pay the frieght on the barley ho, Mr Sly, replied that the consignee paid the freight in all cases, Mr Wilson replied that he bad bought the barley of Mr Glceson, delivered at Dunedin, and in that case he should have to deduct the amount of freight from his account. There was a quantity of barley shipped f- r Mr Burke, who without demur paid the freight at the rafco of 7s 6d per ton. He had had previous transactions with Mr Wilson, who bad in those'eases paid the freight. On applfcation to Mr Wilson for the freight after delivery of the barley, ho demurred to paying the freight on the ground that he had only received half the quantity of barley purchased and would not pay the freight until he settled with Mr Glceson. In crossexamination by Mr Harris, the witness stated that Mr Brenchley was joint owner with Captain M'Lean, of the Esther Ann. He was told by Captain Simmers, then in charge of the vessel, that there was no hill of lading. [Mr Harris produced a bill of lading, stating that freight was to he paid as per agreement.] The agreement made was, that the consignee was to pay the freight, and deduct the amount from Mr Glceson’s account. He was nob prepared to s'-ate that there was not a special agreement by Mr Simmers with Mr Glceson for payment of freight by him. Mr Simmers had gone to Martin’s Bay, and the case could not be brought on before, as he (witness) was too busy. About the latter end of April he had an interview with Mr Gleesou about freight of barley, oats, and potatoes ; but not that particular freight, If Mr Wilson had not promised to pay the freight, he would not have delivered the goods. Mr Wilson told him he had purchased a certain quantity of grain, on delivery of which he would be in a position to pay the freight. For the defence it was stated that, by special agreement, the defendants purchased a quantity of barley off Mr Gleeson, on condition that it should not become the property of the defendants juntil the whole was delivered. Before Mr Gleeson left town, that gentleman told him that an agreement had boon entered into for freight at 7s Gd per ton, to be paid by him), ar*d ihaj. Mr Sly was made acquainted with the agree; ment. In reply to His Worship, Mi Sly stated that in conversation with Mr Gleeson, that gentleman told him there were 2,000 tons of grain and potatoes coming down from Moeraki, and that ho was to got vessels at 7s Gd per ton for the whole. Mr Wilson, one of the defendants, said, before the end of April, he expected some barley from Moeraki, and called upon Mr Sly in consequence of a conversation he had with Mr Gleeson ; and asked him if he had been with him to arrange for bringing barley for them. Mr Sly, or probably both he and Mr Brenchley, said he had ; that Mr Gleeson had arranged for a large quantity at a very low rate. Witness said he was glad of that, as ho was beginning to bo afraid Mr Gleeson would not send any barley, as the time for delivery had elapsed. Mr Brenchley sap] he had arranged to put in two fifty-ton craft, which would leave the jetty in about an hour. Through curiosity ho asked Mr Sly the rate of freight. He believed 7s Gd a ton was mentioned, to which he replied he thought he could have got it done for less than that. At that time the question of payment of freight was not brought up. Ho had to go up to Oamaru, and on his return the barley had arrived and was delivered. He met Mr Sly after his return, who said he was going to his office for freight on the barley from Moeraki. He (witness) replied be must apply to Mr Gleeson. It was not true that before delivery he ever agreed to pay the freight. Some twelve days afterwards he expressed his surprise at Mr Sly applying for freight, as he supposed Mr Gleeson had made a special contract and agreed to pay freight. The first conversation with Mr Sly led him to the impression that a special agreement had been made between him and Air Gleeson that that gentleman should pay the freight. In reply to M r M'Kay, Mr Wilson said the freight the firm had paid from Kakajmi was Ids a ton, hut Moeraki was a very much safer harbor and easy to get away from.-—Mr A] ‘Kay asked for a nonsuit, on the ground cf producing the evidence of Brenchley, which was agreed to.—Mr Wilson said he wished to state that Mr Brenchley called since Mr Sly saw him, and said that he (Mr Wilson) promised to pay the freight, and that he told him nothing of the kind. He never made such a promise.