RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2743, 1 December 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. . (Before A. C. Strode, Esq., K. M,) Mr Dipk, secretary to the Dunedin Water Works Company, wished to b ing before the notice of his Worship tlm cage .of the Dunedin Water Works Company v.’ Dr Crawford, which had been adjourned for a fortnight on the medical certificate of Dr Cowie that Dr Crawford was suffering from congestion of the lungs. T he collector of the company, Mr Begg, had seen the defendant in Mr Torield’s shop on Monday last, the day the case was called on for hearing, and later in the day saw defendant in his own shop, and on several occasions since had seen him about the town. His Worship said that from the facts before him he would alter the day of adjournment to Monday next, notice to be given tp Dr Crawford, and that he should know how to pegai'4 Dr Cowie’s certificate again. Cmt Cases. John Eae v. A, J. Burn# ajid Cp.—LIQO, claim for wrongful dismissal from the service of A. J. Burns and Co , of Mosgiel. Mr .-'tout for plaintiff; Mr Cook for defendant. A communication w s put in from John ! ae to Messrs Burns and Co., offcting to enua.e himself fo live years up-m cm tan. terms, but which had not been sufficiently ratified to come within the statute. •• r Stout contended that a' plaintiff had entered d. fen units’ ser vice, and they had kept him five munib» and pai‘l him bis wages, it was a } early hiring As regards the offer made by plaintiff to Messrs Burns and Co., as it had not

been accepted in writing, he considered there had been no agreement, Mr Cook contended that defendant had a perfect right to dismiss plaintiff on a month’s notice, and asked his Worship for a nonsuit, John Kae said he was living at Mosgiel, and employed in working about the factory at a salary of 80s per wec'k. He had come out from home on the understanding that he was engaged for five years. He was discharged on Nov. 13th. Mr Small had asked him if he had dyed material for any other person than Mr Dickson, and he replied he had not. There had been something said to him about showing people over the factory without leave, but he never remembered being complained about as to idleness. Mr Smail said be had no confidence in him, and he would have to leave.— Mr A. J. ilurns said he had discharged plaintiff for various reasons, and he did not consider it honest for him to dye other peoples’ goods with his material without permission. He had also often seen him loitering about, and on one occasion he was very disrespectful to Mr Smail. Mr Sm»il had given him a mouth’s notice, but plaintiff said he would have the case tried in Dunadin, and hit. After hearing other evidence, his Worship said he must consider the document before him in the light of a contract, under which the plaintiff was bound, and as he had not fulfiled it, he must be nonsuited. Murray v. Driver, Stewart, and Co.—A claim for L3O, value ©f a horse sold by the defendants’ acting under instructions from M'Glashan, the mortgagee. The horse had been mortgaged to M'Glashan by one Buckley, who it appeared, had hired it from the plaintiff. Judgment was given for the plaintiff for L3O, less the defendants’ commission. I!eid v. Hambleton, a case of some importance. involving some nice points in regard to the patent laws, was only part heard at 4 o’clock.