RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume IX, Issue 2591, 7 June 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Ti;i.s Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Wilson v. Ryan.—L2 14s 3d, for goods supplied. Judgment by default for the plaintiff. Dawson v. Kerr. —LS, the value of an I 0 U. Judgment by default for the plaintiff. Parry v. Buckley.—Lls 10s. No appearance of plaintiff. Case dismissed, costs to be paid by the defendant, Kirk v. Russel, and White v. Hawker, were adjourned to to-morrow at 11 o’clock. ■ Andrew v. Brown.—L*2(J Ss, for half the cost of a fence between the sections of plaintiff and defendant. Mr Harris for the plaintiff ;Mr Stewart for the defendants. After a long investigation the plaintiff was nonsuited. Colder v. Willis and others.—Llo 10s, for seven days’ wages for himself and wife. Mr Bathgate for the plaintiff ; Mr Barton, assisted by Mr M.TCeay, for the defendants. Mr Bathgate put the plaintiff into the box, but it being objected by Mr Barton that the partnership was not proved between Willis and Campbell, Willis was put into the box. J. S. Willis, scenic artist, said in August last Campbell asked if he did no': think it would be a good speculation to take the Theatre. He (witness) replied that the Theatre having been closed so long, he thought it would. Campbell asked why he did not take the Theatre. On being told be could not for want of funds, he said, “ I will find the capital if you will work it.” On which witness engaged the 'Theatre, and Campbell advanced LSO to enable him to engage a company, for which amount he gave a b.ll of exchange. The arrangement was that Campbell should be a sleeping partner. The receipts fer the performances at the Theatre were jointly’ deposited in the Bank of New South Wales, and Campbell said we will let this accumulate to a good round sum, when I shall draw out the capita l , aud we will halve the rest. Campbell, when entering his name in the signature-book at the Bank, said he wished it to be deposited in the name of J. S. Willis and Co. It was ultimately’ arranged that Willis was to sign all cheques under that title. The Theatre opened on the 10th of October, and closed on the 4th of February’. During that time Campbell took an active part in the management, and engaged persons whose names were entered en the pay sheets. When ho required money, a cheque was given, to him. When the treasury was low Campbell provided funds. By his suggestion a proposition was made to the actors to take half salary. When the offer was made he told them that Campbell would guarantee that amount to them. Campbell was present when Mr Steele was engaged, aud suggested reducing Mi s Harward’s salary.—H, S. Fish luniish.d goods for the Princess Theatre for several months from October. They were generally furnished on written orders, and the accounts were furnished to Willis and Campbell, the name entered in his books. He trusted the firm on Campbell’s responsibility. The words of a conversation with Campbell were, as nearly as he could recollect, “ You are going into a new line of busines.” Campbell said “ Yes, I think it might be m;ui' to pay' if it is well looked after.’’ In applying afterwards for an account, Campbell said Ilia responsibility ceased after the Christmas pantomime A. Cairns, clerk to the Bank of N’e-« South Wales, was called, who prov. d the I signatures of the defendants. j [Left sitting,] !