RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 4068, 10 March 1876, Page 3

RESIDENT MAGISTRATE’S COURT.

Friday, March 10, (Before J. Bathgate, Esq., R.M.)

R- H. Bakewell v. Davidson,—Claim L2 2s. for professional services. Defendant pleaded not.indebted. —From the evidence of plaintiff it appeared that he had been called in by defendant to attend a sick person, defendant making himself answerable for the fees. On witness however, sending in his-account defendant • ref used to pay it.—His Worship decided that under the Statute of Frau is plaintiff could not recover the amount claimed, became the agreement of anyone to pay the debts pf another mnst be in writing. Plaintiff was nonsuited.

Giahara and Leary v. John Moffatt. —Claim L1916a 6d, for dress od< supplied. MrE. Hay appeared for plaintiffs, who sued as trustees in the estate ol D. R. 'Hay.—Judgment was given for plaintiff by default for the amount claimed with costs.

Judgment went by default in the following cases;—Haynes and Co. v. B. Robertson, claim L2 ss, for goods supplied; Bennett and Jamieson v. Hill, L 7 ss, for goods supplied. Bennett and Jamieson v, Fitzroy Bolton. — Claim L 5 Ids 3d, balance of account due for clothes supplied. Defendant did not appear, and judgment was given for plaintiff by de fault for the amount claimed with costa. — After the case was concluded Mr E. Cook entered the Court and asked that the case be reinstated, as he bad a defence to offer.—His Worship said as it was a default case it might b* reinstated. —Counsel then produced a receipted ace unt for LI 4, signed by plaintiff, and leaving Ll 19 < 3d owing. Plaintiff said the balance c almed was still ‘>wing, a haying occkirred in making out the receipt.— His Worship gave judgment for plaintiff for Ll 19s 3d only, saying he could not go in the face of plaintiffs 1 own receipt. Guthrie a*nd I arn ich v. T. M‘Gre.—Claim 1.24 7*4 d, for goods supp'ied. Mr E. H y for plaintiffs Judgment for p'aintiffs w(tn cos's.

Lewis Lyons v Jones and Basch, -Gldm L3o, I® a promissory note. Mr Aldridge, for plain iff, admitted payment of 12 on account. —J tr Saunders, for defendants, consented to jo figment tor the remainder. Judgment was accordingly riven for L 24, with costs. Morris S. Todd (clerk) v. same.—Cla'm Lls, on a' dishonored cheque.—Plaintiff said he goi the cheque from defendant Bascb, for ten shares in the Colonial Building Society which he bad fold to him.—The claim was admitted and judgment given for the amount. Mr Satmd-rs asked his Worship to take a note that the. cheque was for shares in the Building Society. Fidler v. Same.—ln this case, a claim for L3O heard yesterday, his Woi ship also gave judgment for plaintiff with costa. His Worsh’p said that in the cases of Todd and Fidler, judgment would only be against the defendant Jones in the partnership effects there having been no service against Mm in those cases. At Mr Aldridge’s request instruc turns were given to tha Clerk of thh Court that distraint should issue' in the order of hearing, viz., Lyons v. Jones, ledd v. Jones, and Fiddler v. Jones.