RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3683, 11 December 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, December 11. (Before J. Bathgate, Esq., R.M,) . Drunkenness. Christian Tonsen was fined 40s, or, in default, fourteen days' imprisonment; for habitual drunkenness he was sentenced to a further term of imprison* meut for one month, with hard labor. CIVIL CASES Guthrie v. Grant.—ln this, a claim of L 6 as damage done to a tow-rope, and heard on the previous day, his Worship now said that ha was of opinion that complainant had not made out his case. There was a conflict of evidence, but the presumption was in favor of the defendant. Plaintiff would be nonsuited, with costs. Frances iVieeuan v. Thomas Graham.— Claim, 17 9s, for goods sold. Plaintiff was nonsuited, with costs. Munro v. Scoones.—Claim L 25, for a boat, plaintiff’s property, wrongtullv held by d< tendant. Mr Bathgate for plaintiff, and Mr Joyce defended, Plain iff and defendant were partners in the schooner Glimpse. \yhi :h was insured in the Victoria Insuranc Company. The schooner was wrecked, and plaintiff purchased the wreck f i om the underwriters, and defendant signed the contract lor the purchase, with appurtenances, &c.. I he boat—the subject of the dispute—was not with the Glimpse at the time, but was lying at Port Chalmers, and when pla ntiff went to take possession of it be found defendant had. it, and, on being applied to, the latter refused to give up possession. The defence was that when the Glimpse was

bought, defendant, finding the boat in question unsuitable, had a new one substituted. His intention was to sell the old boat, and divide the proceeds, and his interest in her was never sold.—His Worship held that when defendant signed the contract he gave up possession of everything connected with the Glimpse, including the boat in question. Judgment for the amount claimed, damages to be reduced to one shilling, in the event of defendant giving up possession of the boat within a week. Bpedding v. Hambleton.—His Worship gave judgment herein, plaintiff being nonsuited, with costs.