RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2988, 16 September 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This DAy. (Before A. C. Strode, Esq., R.M.) Cmn Cases. Calder v. Nelson.—L2 4s 6d, the amount of a promissory note dishonored. Judgment by default for the plaintiff for the amount, with costs. Blackaddcr v. H, Fraser.—L9 17s 4d. Judgment by default for the plaintiff for the amount, with costs. Deuchrass v. Paterson and M‘Leod.— L. r >7 is 8d for 28 hags potatoes and hags Mr Stout for the plaintiff; Mr Barton fur the defendant. Captain James Deucbrass said ho sold somewhat over eight tons of Wanganui potatoes by sample, at Lfi 10s a ton. On applying for a cheque, it was at first promised, but a few days afterwards he received a letter declining to receive them, on the ground that the potatoes were worthless. For the defence, the defendant stated that the potatoes were arranged for by telegram, and were not equal to contract, and they were unfit for human food. Mr John Griffin said, after he had examined the potatoes, ho considered they were the worst he had seen in the town. Mr Robert Wilson, merchant, said they appeared to be from seed worn out, as if grown by Maoris. D. M ’Lend stated that, having had the potatoes tested by boiling, the firm decided to refuse to take them. His Worship considered the evidence was in favor of the plaiutiff, and that the sale and acceptance were complete. Judgment for the plaiutiff for the amount claimed, with costs.

Darling y. Bennett and Wc^dersjpoon. — LlB Is, Mr Stewai’t for the pjainfiiff; Mr Stout for the defendant, This was %n aptfop to recover a sum paid on account of defendants by the plaintiff, being a debt due but not included in a schedule of liabilities which the plaintiff had agreed by deed to pay, and which by the terms of the deed the defendants indemnified him against. Mr Stout asked for a nonsuit, on the ground that the deed did not confer the power to sue, and that the deed was at an end by subsequent agreement. Judgment for the plaintiff for the amount claimed, with costs, Harris v. Morgan.—L2 7s Gd, a claim for board and lodging. The debt was admitted Judgment by consent for the plaintiff, with costs.

Johnston v. Boxfield.—L4 10s for goods supplied. The sum of L 4 was admitted to be owing. Judgment for the plaintiff, L 4 os and ousts.