MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 2103, 19 November 1880, Page 3

MAGISTRATES' COURTS.

OHBISTCHTJEOH. Thtjbsdat, Novbmbbb 18. [Before J. Ollivier and B. Westenra, Esqs., J.P.'s.] Oitih OasbS.—Knibbs v Wright. Mr Joyce for defendant. £l2 6t for work done by plaintiff, a working jeweller, for Christchurch, for defendant, a watchmaker of liyttelton. Defendant put in a set-off of £2l 15s 9d for goods supplied to one Davis, a former partner of plaintiff's. _ He also produced accounts rendered to him, which did nob agree with the account set out in the plaint. Eor this reason plaintiff was nonsuited with costs. Wilson v Haaelhulme, £ll 2a. Mr Cowlishaw for plaintiff; Mr Beeves for defendant. Plaintiff put in an agreement, by which defendant, a trader, living at Wellington, undertook to buy a quantity of potatoes from plaintiff, to :be delivered in instalments of not less than ten tons. Sacks, if supplied by plaintiff, to be charged extra. To make up the whole lot, -plaintiff had sent forward a balance shipment of three tons, which, together with sacks for other shipments, had not been paid for. The amount due was the sum now claimed. Mr Beeves applied for a nonsuit, on the ground that the contract being made and completed in Wellington the action should have been brought there ; this Court, therefore, had no jurisdiction. After consultation the Bench ordered the case to be struck out, plaintiff to pay costs. Brightling v Burrows, £4 16s. Mr McOonnel for plaintiff; Mr Joyce for defendant. This was a claim for damages sustained by plaintiff in consequence of the alleged illegal impounding of five horses, which, on Sunday morning, October 10th, according to plaintiff's account, were being driven to a paddock. Defendant is poundkeeper in the Heathcote district. He stated that he found the horses feeding on the East town belt, whore he had noticed them for some time. There was nobody in charge of them at the time. After he took possession, one of plaintiff 'a servants attempted, without success, to rescue them. Several witnesses called by plaintiff proved that the horses were actually being driven by plaintiff 's man when they were Beized by defendant. His Worship said there was no

doubt that the impounding was illegal, but Mr Brightling had not suffered any special damage. Judgment would be for plaintiff for 6s, the amount of pound fees paid for the release of the horses. The expenses of two witnesses were also allowed. Baker v Bullen, £3 16s5d for rent and repairs of a house. Judgment for plaintiff for £3 4isd, and oosts. Leary v McDonald, £lO, value oi personal effects detained, and damages on account ot their detention. Plaintiff, a recant arrival from Auckland, boarded nine weeks with defendant, a lodging-house keeper. Ho paid her regularly weekly until the last week, when he happened to be short of money. Defendant thereupon locked him out, and detained his clothes, books, &c, as security for the amount owing, and the present action was brought for their recovery, together with damages. By consent of the parties a cross suit, booked to be heard a week henoe, for £1 5s 8d for the board and money owing to defendant was then taken. Plaintiff admitted the debt. In the first action the detained goods were ordered to be given up forthwith, defendant to pay costs, and in the second suit judgment was for the amount owing for board, tobe paid without costs. Judgmonte for plaintiffs was given in Papprill v Davy and Montgomery and Co. v Bussell, amount to be paid in a fortnight. Judgments went for plaintiffs by default in Hopper v Webber, Bandstein v Verity, and Fox v Eeed. Adjournmenta were granted in Dayman v Levy till tho 25th inst., Jackroan v Tait and Oatlin v Daly till December 2nd.