RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3781, 7 April 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Wednesday, Aeril 7. (Before J. Bathgate, Esq. R.M.)

Devine v. Kean.—Claim, L 6, balance due on a dishonored promissory note. Mr Joyce appeared for plaintiff.—Defennant said he was willing to pay the money by instalments. He had backed the bill for a workman in his employ, and had got “let in” for the amount, the man leaving him two days after.—His Worship said that plaintiff should have endorsed the bill before defendant backed it. — Mr Joyce said that the bill had never left his client’s hands, consequently he presumed he could endorse it any time.—His Worship knew this mistake to be a common one. Frequently persons dealt with bills without understanding their nature. But supposing he gave plaintiff the benefit of the doubt and allowed hi™ to place his name before detendant’s, then he became holder of the bill and must prove dishonor and that he had given notice.—Mr Joyce replied that he was in a position to prove all this, and his Worship added that he had made the remarks for the guidance of those who did not know that unless the bill was properly drawn and had the name of the holder over that of the endorser it was of no use,—Judgment was ultimately given for plaintiff, with costs. Wm. Walker v. George Barry.—Claim Ll3 12s, nomination passage money (L 4) and three months’ board at Kakanul— Defendant admitted the first part of the claim, and called plaintiff’s mother, who proved receiving the money for defendant’s keep regularly. She was authorised by her son to do so, and the money always passed into his hands.—Judgment was given for plaintiff on the first item, and the other part of the claim was struck out.

Judgment was given by default for plaintiffs in the following cases with costs: Alex. King v. James A. Cheyne, claim on L1315s Id on a dishonored acceptance; Brown and Johnson v. Edward Tatterfield, L 4 14s, plumbing done to two houses; James Phelps v. Edward Tatterfield, L 7 10s, for building two chimneys. In James Wright v. George Lumb, L 6 5s for rent due, judgment went by consent. The other cases were unimportant.