RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3953, 26 October 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, October 26. (Before J. Bathgate, Esq,, R.M.) Crawford v. Smart.—This case was adjourned to the first Wednesdaj in December - the first day after the next sitting of the District Court, K ew_ Zealand Shipp-'ng Company 7. Henry Guthrie —Claim, L 62 6s, freight on goods ex Candidate. Mr Haggitt appeared for plaintiffs, Mr Harris for defendant.—Mr Haggitt said certain crates of earthenware were forwarded by a Home firm—Messrs J. M'Bwen and Co. —per ship Candidate, for Dunedin, booked to “order,” and no consignee's name appeared on the 1 ills of lading. On the vessel’s arrival freight was payable here, and defendant lightered the goods in question, but no freight was paid. Plaintiffs ultimately discovering this, inquired into the matter, and found that defendant had delivered the goods to “ the notorious Mr Campbell, of Calvert and Campbell,” who had paid no freight. Consequently plaintiffs sued defendant for the amount. — John bell Mudie, manager in Dunedin of the New Zealand Shipping Company, said he employed defendant to lighter the Candidate, he having to deliver goods to the holders of the Company’s order. This was the case in every instance ot defendant’s lightering the Company’s ships. During the thirteen years that witness had been in Dunedin, during which he had b en interested in shipping matters, the custom was to ..deliver to order endorsed by the ship-owners. The two bills of lading in this case were never submitted to witness, and the freight was never paid. On applying to defeudaut for the bills of lading, the latter said ho could not find them, but would look for them among Campbell’s papers. The only satisfaction witness had been able to get from defendant was that tte bills of lading were properly endorsed. - Cross-examined: The Candidate arrived in January of the present year, and left in March, 1 but it was two months afterwards before it was found out that the freight on these goods was not paid. Witness did not think any demand had been made oa Campbell for the amount of the freight, though there was plenty of time to_ do so'before the latter left the Province. Witness never saw the fail's of Jading, so did not know the goods were for Campbell. The further bearing was adjourned to November 1. Mori v. Macandrew was adjourned to October 29.