RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2691, 2 October 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., K.M.) Civil Casks. Houghton and Reid v. Tall.—Lloo dainan,T^s. --'The further hearing of this ease was resumed to-day. It was an action to recover LI 00 damages for breach of an agreement entered into by defendant with plaintiff. Defendant was to employ the Tuapeka for delivering cargo in conjunction with other steamers which plaintiffs owned and char t red. Defendant pleaded a denial of the claim. Mr Harris for the plaintiff and Mr Cook appeared ou behalf of the defendant. E. Houghton, junior, in the course of his evidence, said the agreement was broken off in the middle of the grain reason. He estimated the profits would have been L4MS for the wlio’e year if the agreement had b -en fulfilled. The steamers called at the Molyneux three times a mouth, and all monies due to Captain Tall had b.en paid.—Mr Cooke, on behalf of the defendant, said he would submit hat one of tho statements m ide by Mr Beid, that Captain Tall said he would lose the vessel, was one which sori onsly affected bis character. It was said to have been made under Mr Reid’s verandah, no one else being present. Tins would be denied —and as it was oath against oath, without witnesses, it went for nothing. Mr Harris: It was overheard. —His Wo.rirp said he understood Mr Reid to say he did not think any one was present, Mr Cooke said the vessel was not insured for LI, 200 as stated, and he had no interest in running her aground Mr Reid, according to his own showing, had offered Mr fall a 1.100 to break off the agreement when lie discovered the Government subsidy would be discontinued, and though it was put forward by r Reid that Mr Tail’s statement regarding the subsidy was a fraud, there had been no guarantee from Government for any length of time to continue it. He thought Mr Reid had committed a breach of tho agreement when he refused to take up the bills, and in doing so Captain 'fall was no longer bound by it. Moreover, in the agreement, there was not one word which bound Captain Tall to rim the Tuapeka at all, and in soiling the vessel, he advertised under the pressure of his not being able to pay its working expenses. The mortgagees drove him t > sell ri, and it was pretty clear the whole di-puto was one between two rival cornpa ics. Captain Tall, in evidence, said Mr Reid was the moving party iu the agreement. The Tuapeka at the time was receiving a subsidy of LSO, and fur seven or eight years pistil had received from LSO to Ll5O. He took the command <-f the Tuapeka some nil,* months before Government grant was withdrawn. He had been in command of vessels for nineteen years, and had commanded the Tairoa five years. He had lost his own vessel, which was uninsured, in the river Grey. The insurance on the Tuapeka was only L7OO, and if he had cast her away be would have lost L2O(J, The steamers sent by Mr Houghtg the Mplyneux did not call as often as

was required to take aw y the produce of the 1 settlers ; and he was told, unless he got - itr away, they would hold him responsible. The boat did not pay its work ing expenses, and Houghton and Reid advised him t» sell it, and said, if the boat doss not fetch', enough to pay all claims, let the Harbor Company in for it; and because he did not agree with them, they were punishing him for it. Mr Houghton inched the craw to summons him for w igcs; but they wouhl not. He, however, sold the vessel, and she rca’hed enough money to pay all his debts and pay the mortgagees. She cost L 2,100. —In vr vss-examination by Mr Harris, Captain Tall said before entering upon the agreement, he had instructed Mr Mndie to make a statement, which showed the profits of the Tuapcka to have been LB2O 14s 9d. He would not undertake to say how often he write to Messrs Houghton telling them there was produce waiting to be taken away. When he told Mr Heel he was advised to sell the vessel, he replied he did not care what ho done so long as he got LfioO back. He told Mr Reid if he was afraid of the ride, they could get it insured for LI2OO As to the remarks, which it was stated he had made, lie one day said to Mr F.dwa’ d Houghton that the upper waters of the Molyneux were very low, when Houghton said’it would be. a first rate time to insure her and get her wrecked. He (Captain Tall) replied then yet her insured and let her rip. That was the truth of it. She was only insured for L7OO, and if she had been insured for LI2OO be would have gained very little if she bad been lost. The vessel hid been sold to Mr Mills. After heating further evidence a verdict of LIOO and costs was returned for the plaiutilfs.