RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3107, 3 February 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Day. (Before A. C. Strode, Esq., R.M.) CIVIL CASES. Allen v. Double.—Claim L 6 17s 8d for seeds and fruit trees supplied. Judgment for plaintiff for amount claimed with costs. Mr Stout appeared for plaintiff. Same v. E. Evans.—Claim Ll6 6s on a dishonored promissory note. Defendant paid L 5 into Court, and disputed ihe balance. Judgment for LI I 6s, together with the L 5 paid into Court, and costs. Same v. Blakely.—Claim L 8 7s 3d for seeds supplied. Judgment by default for amount claimed with costs.

Same v. Feraud,—Mr M’Keay, on behalf of defendant, applied for an adjournment to enable him to obtain certain evidence at the Clyde, required for the defence. Adjourned until Wcdii-sday, the 2 Jtb inst.

Mayne v. Beveridge —ln this case plaintiff claimed under the “Contractors Debts Act 1871,” L2 Ids 9d, for work and labor done, it was shown that in the month of September last one Thomas R. Dorsett entered into a contract with defendant for the erecision of a cottage. Plaintiff was employed on the work by Dorsett, but during the progress of the contract D< rsett became insolvent, and the work was then taken over by Mess s Gray and Drummond, who have since carried on the work. One of the conditions of the contract was that the sum of money mentioned therein should not be paid until after the completion of the wmrk. The work was not yet completed, and defendant therefore pleaded that he was not liable and that those who were now completing the contract were the parties plaintiff should apply to for payment, Mr Harris appeared for plaintiff, and Mr Stout for defendant.—His Worship thought that, since defendant was not liable'to Dorsett until the completion of the contract, and that since the contract was not yet completed, he was not liable for the demand now made, and would enter a nonsuit for plaintiff. Finch v, Buttler,—Claim 117 4s lOd, for goods supplied. Judgment by default for paintiff for amount claimed, and costs. White v. Wilson —Claim . 4, amount lent on a seaman’s advanced note. Mr Stout appeared for defendant, and pleaded not indebted, It was proved that defendant had, in the first instance, negotiated the note with one Thomas M'Kmghfc, and that M‘Knight passed it over to plaintiff as part payment of a debt.—His Worship said that clearly plaintiff was suing the wrong party, and therefore entered a nonsuit.

M‘Donald v. Deardon. Claim L 6 (is (id, for work and labor done Mr Bathgate appeared for plaintiff. Judgment by default for amounts claimed, with costs. Williamson v. Deardon.—Claim L 6 7e 6d, for work and labor done. Judgment by default for amount claimed, and costs, Burt v. Snowden and Limning. - Claim LG, for work and material supplied. Mr Lhuniug said that he had been and was still prepared to pay his portion of the amount claimed, but Mr Snowden, his former partner, would not agree to pay the other portion. Judgment for plaintiff for amount claimed, with costs.