RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3193, 15 May 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, May 14, (Before I. N. Watt, Esq., E.M.)

CIVIL OASES,

Black and Thomson v. Gilmour. —A « am' for LS 7s 51 Mr Haggitt for plamtills and Mr Stout for defendant. Defendant had agreed to become responsible for goods supplied to another person. Defendant admi; ted having become responsible for LG worth ot goods, but not for the amount now sued for. —Edward Eat>n said he agreed to supplygoods to a Mr Fagan to the value of LC, for which amount Mr Gilmore became responsible.— Judgement was entered fot the amount paid into Court, viz., L 6. Allan v. Sampson.—A claim for LI Is, Mr Stout for plaintiff, and Mr Stewart for defendant. In this case plaintiff, as teacher of the Green Island school, sought to obtain from defendant the sum of Ll Is, school fees due. Mr Stout said the case hinged upon the interpretation of the 23 :d section of tb.e Education Ordinance, 1864, in which it was stated that ths teacher or secretary had power to sue for the recovery of school fees. —A. G. Allan, master of tire Green Island school, said the defendant had children at the school. Ihe action was not brought by the authority of the rcbod Committee. Witness bad gathered the fees for the past sixteen years. He was appointed under the old Ordinance, and was not feketed by the 'drool Committee under tho Ordinance of ISGI. His salary had been paid under that Oidmance. —After hearse; argument hu Worship reserved judgm nt.

Thursday, May 15.

Gilmour v. Blcck aud Thomson.—ln this case his Worship gave judgment as follows : —ln thin case 1 *ive judgment f< r the plaintiff Ll3 10s, viz., balance due upon the machine, L 5 10s; for the blast, L 7 10s; and for the wood screws, 10s; for the following reasonslt does not appear that Mr Eaton was a general manager for the defendants, or their agent for making such purchases, in such a manner as to render them liable for his acts, if he acted beyond his specific Instructions in this matter. The evidence of Mr Eaton and Mr Black, respecting this is very conflicting, and in the absence of better evidence, I take the statements of the defendant and Eaton that Merry, the clerk, on paying Ll 14 J Os, said it was not a settlem«nt in full, and that the defendants acknowledged to owe a further sum of Lo 10s, as the best solution at which 1 can arrive. With respect to the blast that has been received by aud worked for the benefit of the defendants, and I think they are c earlv liable for it. The disbursement of 10s for wood screws ig within the amount. Tue plaintiff was in the habit of paying for defendants and this is also allowed. Judgment for plaintiff for Ll3 10s, with costs L2 2s

Moss v. Buford. —Mr Stout for the plaintiff. In this case defendendant was called on to show cause why he did not satisfy a judgment of the Court. Defendant pleaded that he had no means, and that he had declared himself insolvent —Albert Byford, gatekeeper on the Port Chalmers Railway, deposed that he was earning 30s per week, and had one little girl. He owe I about L6O or L7O in all. Had offered oi in the pound. These debts had been contracted during bis wife’s illness. He intended to go on with his bankruptcy, aud bad no estate.—His Worship declined to make an order.

Shaw v. Greenwood.—A fraud summons. Defendant .agreed to pay off the debt-hy instalments of Ll per week ; first payment to be made on Saturday next.