RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3110, 6 February 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

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

CIVIL CASES. Neill and Co. v. Boyle, and Boyle v. Neill and Co.—Mr Haggitt appeared for Messrs Neill and Co., ami Mr Barton for Mr Boyle. This case was adjourned from yesterday, and the taking of evidence was resumed as follows P. C. Neill, a number of the firm of Neill and Co., said the sale of the potatoes was reported to him and about ten days after this he had an interview with Boyle, during which he said he could not take the potatoes. Witness replied that as be had purchased them he must take them. The market had fallen considerably during the interval. He also said he could not pay for them because the Bank would not make an advance on them. It was then suggested that he should take his bills on the Wellington agents, naming Betbune and Hunter, and George Crawford as his agents. The bills, however, were not given. Subsequently he gave him a draft on Mr O’Miea for L2B 5s ; that was duly paid. He could not say from personal knowledge when Mr Boyle took delivery of the potatoes, but he was led to believe that it was on the 17th of October. On the 14th of November Mr Boyle first complained about the weight of the potatoes. The complaint was made through his brother. In consequence of this he made the allowance in the credit note produced yesterday. He had nob much dealings in potatoes previous to this. These were a c msignment, and for the time of year they were a fair sample. At this seison potatoes rapidly go bad, particularly in the hold of a ship, where they may get heated. If these potatoes had been wet or partially so when they were put on board the Phoebe to be sent to Wellington, he should not be surprised to hear that, if they had been kept seven or eight days in bags, some of them would go bad, —Cross-examined : He ipeant by the words hj good sample,” that the potatoes were good. A portion .of the consignment was sent to Wellington, to the order of Mr Thomas, but Mr Thomas refused io take delivery, on the ground that they were not of the quality ordered. They were sold subse (Uently, and realised L 5 10s per ton. Th' je was another sale out of this consignment to Mr Mpenan ; but Mr Meenau did not refuse tq take them. Meenan asked at the time of the purchase what quantity there was, and he was told about thirty-five tons. There was, however, forty tons, and Mr Mtenan refused to take more than the quantity mentioned at the time of the purchase. William Walker, storeman to Messrs Neill and Co,, said he was attending to the weighing of the consignment of potatoes in question. He remembered a shipping order coming down from Mr Boyle on the 12th of October, The potatoes were not shipped per Rangatira because the order came too late. There was also an order sent to the master of the vessel for twenty tons. The vessel then hauled alongside the wharf and the potatoes werelanded. Mcanwhi'ehesaw Mr Boyle and told him that the order came too late ; Boyle made no reply. The potatoes remained on the wharf until the 17th, when ho shipped ten tons on board the Phceba for Wellington, and delivered the remaining ten tons at his own store. The receipt produced for them was signed by Mr Boyle. It rained on the night on which the potatoes were landed on the wharf. On the 17th, when he delivered them, it also rained. He was present when the potatoes were bagged, and heard the captain give orders to the men to be very careful in picking all tlrat were to Vse transhipped, Of his own knowledge he was aware that Boyle’s potatoes had been picked. —James Henderson said ho assisted to bag the potatoes. They were a middling class There were some bad ones among them. They were a fair sample for the season of the year. The bad ones were picked out as the bags were filled He was not paid for picking. His contract was simply to bag and land the potatoes.