RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2741, 29 November 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day, {Before I. N, Watt, Esq., R.M.) Civil Gas*s. M'Larcn v, Ramadge.—L4, forgo ds sold and delivered. Judgment by default for the plaintiff for the amount, with costs. Briscoe and Co. v. White, was adjourned to this week, Wright v. Shaekleton.—A claim for L 4 14s fid, on a promissory note given for bread supplied. There being no evidence of the bill having been presented and it being made payable in Christchurch, His Worship suggested the plaintiff should accept a nonsuit on those gpouirds, ae he questioned the jurisdiction of the Court. Mr Harris being in Court, the plaintiff placed'the paso in his hands ; and at his request it was postponed until he could communicate with Christchurch.

Downes v. M. W, Hawkins, trustees in Wahlquist’s Estate.—Ll4 Bs, for eight wooden piles alleged to be wrongfully converted by the defendant. Mr Harris for the plaintiff. The plaintiff said eight or nine months ago he contracted with a man named Wahlquist to supply 24 piles for the Government at Is6d a foot. They were cut from ips own bush at Blueskin, and sent down by & career named Robert Paterson. Eight ot them were rejected by the supervisor of the prisoner-', and others were sent in their places. Mr Barr, the engineer to the Provincial Government, gave permission to Downes to leave them oh the Government ground, near the jetty, until plaintiff could sell them, or until the Government could take them. They were manuka piles. Before the piles were delivered Wahlquist became insolvent, and his estate was placed in Hawkins’s hands, as trustee, who sold the piles to Mr Gray at 7d a foot. In answer to Mr Hawkins, the plaintiff, evidently not understanding the nature of his own arrangements, denied having cont ir-ted with Wahlquist, or having been paid on his order by the Government. C. M. Barr stated the terms of the contract between Wahlquist and the Government, Seven of the piles were rejected, being too crooked for driving. They were afterwards, he heard, taken by the Government through Mr Cairns. In answer to Mr Hawkins, the witness said the piles were delivered and rejected under Wahlquist’s contract. Robert Paterson, carter said he carted 32 piles more than twelvemonths ago for Downes. Mr W. Hawkins being sworn, admitted the material facts as given in evidence, and said that Wahlquist claimed the §even idles as his property, and he therefore sold them as part of tlj.e estate, for three pounds. On application to him fop payment by Dowries, witmas said if he coi^ldestablish his claim to the piles he would give him the amount received for them, but since that time the proceeds of the estate had been divided amongst the creditors. The voucher under which Downt a was paid was signed by Wahlquist. and a settlement was made between Mr Harris, on behalf of Downes, and Hawkins, neither party knowing anything of the rejected pi|es, Judgment deferred.