RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2295, 14 September 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Kempthorne, Prosser, and Co. v. Thoms. —LIO 12s Bd, for goods supplied. Mr Bathgate for the plaintiffs. Judgment by default for the plaintiff for the amount with costs. Goldsmifh v. Riddock.—l6a. Judgment by default for plaintiff for the amount. Porter v. Holman. —L 33s lid. The defendant admitted L2 17s sil, and stated that the balance claimed was paid, with the exception of one item charged, which he had not received. Judgment for the plaintiff for the amount claimed with costs.

W. Briggs v. George Thomson.—L4 19s 10J.' The defendant pleaded not indebted. The plaintiff is a storekeeper at Mangatua, and the defendant, a farmer at the Taieri. The plaintiff said that while from home, some men in the employ of the defendant sent for some goods, which were supplied, and on application to the defendant, the later agreed to be responsible for the amount. The plaintiff was not very well acquainted with the transactions, and based hi* claim on a verbal promise given by the defendant. Witnesses were called to shew that the defendant hj d agreed to pay for the goods. The defendant almitted having been told by the plaintiff that be would not “settle” for two bags of oats delivered, until the account charged was paid. His Worship considered that a verbal guarantee was not sufficient, as under the statute of frauds

any guarantee should be in writing. Nor was the book presented of any value as evidence, as all the entries were made at one and the same time. Judgment for defendant.

Howard v. Heinrichson.—For balance of account fo.i wages, L 3 12s. The plaintiff, a house carpenter, had been engaged by the defendant as servant, and although there was no arrangement as to wages, he considered his work worth 25s a week. His Worship considered the plaintiff was entitled to four weeks’ board previous to the Bth. of August, which would amount to L 5, but having /.iven cred t for L 6 Bs, there was a holance dne to the defendant. Judgment for the defendant.