KUMARA MAGISTRATE’S COURT.

Greymouth Evening Star, Volume XXXI, 21 November 1901, Page 2

KUMARA MAGISTRATE’S COURT.

(OUB OWN COEEESPONDENT.)

(Before D. M'Farlane, Esq., S.M.)

G. B. Way v. John Egan. Claim for £5 7s lid; Mr Murdoch for plaintiff. Judgment by default, and order made for immediate execution.

T. Flannagan v. D. Brassel. Claim for £l6 promisory note; Mr Byrne for plaintiff and Mr Murdoch for defendant. John Flanagan gave evidence as to advancing the money on the promisory note produced. The money was not paid direct to defendant, but to others, as his share of the party’s indebtedness. It was on account of pipes, timber and nozzle. Defendant could not get his share of the money, and as the plant had to he paid for, witness offered to get it for him. Was aware that there was due to the defendant from two of the party £250 for driving a tunnel. Would not accept an order on these two for my money. T. V. Byrne gave evidence that defendant came to his office about a month ago, and said he was trying to find the money. He had hopes of getting it from Mr Murdoch, and he wanted to see the titles to the claim. Witness said he would let him have them, providing he got an order from the mortgages of the party. One of the party came subsequently to his office, and told him not to give the titles up, as there was a squabble between the parties, but to let them have any information they wanted. He knew that Brassel had left the party, but did not think he had any money. Mr Murdoch, in addressing the Court, contended that the debt was a partnership agreement, and further that, as it concerned mining matters, the case should have been brought in the Warden’s Court. Mr Byrne contended that) the Magistrate’s Court had full jurisdiction to decide the case, and further that it was a private transaction because 'the other members of the party were not aware of nor had they given their consent to the transaction between Flannagan and Brassel. His Worship gave judgment—apart from the question of partnership agreement, which he did not feel competent to decide until he had looked it up—on the question of jurisdiction, and he neld that he must dismiss the case. Mr Murdoch asked for costs, which were allowed. William Rowe v. James Morgan. Promisory note value £4. Mr Murdoch appeared for plaintiff. Judgment by default, with costs 10s.