RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2653, 18 August 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, E*q., 11.M.) Civil Cases. . Kelly v. Smith—Lloo. Mr Harris for the plaintiff. The summons, in this case, had not been returned, and Mr Harris applied for an adjournment. The case was adjourned for a fortnight. Heyraanson and Low v. W. C. Pearce — L 63 14s lid, the amount of dishonored acceptance, with L2 10s lOd interest, together L 66 5a SJJ. Judgment was given for the amount for the plaintiff by default, with costs. Brad'haw (Provincial Treasurer) v. M'Leod and others. Mr Saunders (for the Provincial Solicitor) applied to have the case withdrawn, as he declined to go on with it in the form iu which the action was brought. Mr Anderson, for the defendant, applied for costs. The case was struck out, LI Is costs being allowed. Gray v. Coventry. L 39 15 Bd.—Mr Harris for the plaintiff, Mr Stewart for the defendant. From the evidence of the plaintiff it appeared that iu 1869 Mr P« arce took a contract from the Government in which he understood Coventry t > have an interest, and on the faith of his being concerned in the matter he advanced material and money to carry on the work. Mr McGlashan was one of the trusters. After some time it became evident Pearse and Coventry could not aarry out the contract, and the latter profferred to make the whole of the joint interest in the contract over to plaintiff, and he and Mr McGlashan as trustee, finished the work and received the money. lie paid L 1669 16s lOd and received L 3 5 lld less. He paid no portion of his original debt out of the sum receive*! on the transferred contract. There were several other transactions which resulted in the balance claimed. The defence was that Coventry never authorised Gray to take up the bill sued for, and never acknowledged his liability for the amount after it was taken up. Coventry having stated that no siich request was made, Mr Harris applied, if needful, to have the case postponed to call witnesses to prove jibe request. His Worship said th weight of evidence was in favor of the defendant, who admitted having taken up the bill under the belief that thie contract would prove profitable. At this point Mr Harris asked a non-suit. The {dkmtiff was non-suited. Mrs Keenan v. Eggers Brothers, L 27 2s 6d for cigars. The claim was admitted, but it it was pleaded the amount was not due, ns the goods were sold at three months credit. Ihe goods were sold on July Bth. Parkins, Mrs Keenan’s salesman, stated that nothing was said about terms, but the usual terms of the'finn he represented were 24 per cent, discount for cash in a month. Judgment for the defendant.