RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3008, 9 October 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

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

M‘Dermid v, .Smith was a claim for LI2 for work done. Mr Stout for plaintiff ; Mr Catomore for defendant. In IBG2 the plaintiff drew from the bush at Sawyer’s Bush for defendant a tree, which was afterwards converted into a bowsprit for the ship Star of Tasmania, the agreed price being Ll2. Capt. Culbert, the ship's commander, promised to see the plaintiff paid ; but when plaintiff brought an action against him, he pleaded the absence of a p:omise in writing, and judgment was given in his favor, Prom that time up to two months ago plaintiff had never gCsm di f endant The defendant now plead* d the 'Statute of Limitations, and contended that he had been wrongly sued, he haring had a partner named Wylie. He further denied having made any contract with plaintiff, and said he told the latter that the captain of the ship was responsible. His Worship said there was no doubt the work had been done. Then came the Statute of Limitations In such a case he would not favor it in the slightest degree. It was generally 7 speaking a mean plea ; but not having been served twenty-four hours before the day of hearing, it came too late, and could not be allowed. Judgment for Ll2 and costs. Defendant : It’s a dead swindle. Mr Strode ; I know on which side the swindle is. You said you had a partner named Wylie ; I think you are the wily one. In fhe following cases judgment went by default Sinclair v. Ellen Grutt, 14s (id; Chaironi v. J. Price, Llo 17s (id; Cohen v. Montrose, LI.” 15s.