DISTRICT COURT.

Globe, Volume XXI, Issue 1716, 20 August 1879, Page 2

DISTRICT COURT.

Wednesday, August 20. [Before His Honor Judge Ward.] His Honor sat in the Court at 11 a m. MUSTEK y ATTWOOD. In this case, by consent of both parties, an adjournment was granted until the next sitting of the District Court in September, HATCHETT T. PATOHETT. In this case the plaintiff sought to rscover £147 from the defendant, his eon, for use and occupation of certain land. Mr Garrick appeared for the plaintiff. The defendant was not represented by counsel, nor did ho appear. The plaintiff was put into the box, and deposed to the making of an agreement with defendant, and that no part of the amount due had been paid. His Honor gave judgment for plaintiff, with costs. J. Xi. FLEMING T. SBOBGB BOOTH AND OTHEBS. In this case J. L. Fleming sued the defendants as trustees for £2OO, alleged to be due to him by defendants for the erection of the United Free Methodist Church at Bingsland. Dr Foster for the plaintiff. Mr Garrick lor the defendants. The defence was that the defendants at plaintiff’s request, and by his order paid to Twentyman and Consin the sum mentioned in the plaint, the plaintiff at that time being indebted to Twentyman and Cousin. The replication of plaintiff was that the order was countermanded by the plaintiff, and that in spite thereof the defendants paid the said order to Twentyman and Cousin. The question before the Court resolved itself into one of law whether the plaintiff had power to countermand the order under the circumstances, the defendant not denying that he received notice of countermand by plaintiff of the order. Dr. Foster, on the part of the plaintiff, admitted that at the time of the order being given, the plaintiff was indebted to Twentyman and Cousin. Mr Garrick, on the part of the defendants, admitted that they had paid Twentyman and Cousin after notice of the countermand had been given, and after the plaintiff had given them formal notice of the requirement byjthe Elaintiff that the money should be paid to im.

Dr. Foster submitted that there was no plea on the record of the acceptance by Twentyman and Cousin of the order.

Evidence having been led to bring out the facts of the case, The learned counsel proceeded to argue the law points. The case was adjourned till 10.30 to-morrow when judgment will be given.