RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2944, 26 July 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.)

Civil Cases.

M'Mahon v. Kennedy and another.—L34 l()s, for money advanced for passage, with interest. Mr .Shaptor for plaintiff; Mr Holmes for defendant. Defendant pleaded not indebted, with the exception of Ls. Mr Shapter stated the ease, that defendant had written to M‘Mahon from home, asking him to pay her passage, and that -when she came out she would pay the amount —The defendant pleaded that the debt was barred by the statute of limitations ; but counsel held that, until the whole of the passage' pgoney had been paid, plaintiff had no right of action, and "therefore that coif hi not be pleaded.—John M‘Mahon said he knew Mrs Kennedy before she was married. He had no matrimonial intentions towards her, and his only connection with her was that his brother hail married her sister, Miss Rooney. He had paid her passage money on the understanding that she would pay him when she cjpne out. —Mrlfolmes, for defendant, submitted that there had been no contract between the parties. Miss Rooney, in hor letter, stated when she came out “ she would, by the help of Cod, pay M'Mahou honestly as soon as she was able, as she would do anything to get out of the old country,” He did not think those words would be considered a regular contract, neither had the plaintiff proved that Mrs Kennedy was able to pay. He also contended that there could be no interest claimed in such a case. —His Worship said ho should take time to consider the case before giving judgment. Wilson v, Hislop.—Ll‘2 2s 9d, for labor done for defendant at a church at Palmerston. Mr Cook appeared for defendant, who pleaded not indebted and a set-off. This was a dispute respecting the difference as between 10s a day for labor in town, and 12s per day in the country. The defendant pleaded that the extra 2s charged in the contract for wages was the profit of the employer. [Left sitting.]