AHAURA.

Grey River Argus, Volume X, Issue 791, 8 February 1871, Page 2

AHAURA.

Thursday, February 2. (Before C. Whitefoord, Esq., R.M.) Charles Wilson v. O'Malley Brothers, Eikmatua. — An action to recover L 47 12s 6d, for timber supplied and work done as a sawyer. There was a cross-action, O'Malley v." Wilson, for board, &c, to the amount of L 54 14s Id. Both cases were taken together. James O'Malley produced a receipt for H9 odd, signed

by Wilson, but the latter denied any recollection of the document. He had been working for the Messrs O'Malley for some time, aud he had several different mates during his engagement. James Grant, one of those mates, said that when Le left Wilson, O'Malley settled in full with both of them. Wilson denied this, and said he was willing to pay Messrs O'Malley his fair share of their account, but he in- . sisted that he was always charged for him- - self, and whoever happened to be working with him. The accounts between the parties were kept in a very complicated and confused manner, on which his Worship made some severe remarks. Mr Arthur R. Guinness, who appeared for Wilson, hoped his Worship did not mean to impute bad book-keeping to his client. The Magistrate assured the learned gentleman that he did not impute anything to his client but the " grossest possible stupidity," and he adjourned the case until the accounts could be gone into after the rising of the Court. Barman and Campbell v. Ross. — A case of disputed accounts. The original account was L 47 15s, of which defendant paid L 37 16s, leaving a balance of L 9 19s. A verdict was given for that sum' with costs. Same v. Murphy — For L 3 9s 2d. Judgment by default with costs. . Thos. O'Keefe v. James Devery — A claim of LlO for horse feed. Defendant left a horse in plaintiffs charge in June, 1867, at the Inangahua. It came out in the evidence that O'Keefe sued defendant's brother, John Devery, for the keep and expenses of the horse .at Charleston some time ago. The case was compromised by O'Keefe accepting a third party as security for John Devery for the amount. The person who went security did not pay the money, and the present action was dismissed, aa plaintiff had sued the wrong man. He would have to look to John Devery's security. Plaintiff to pay costs. Mr Guinness for the defendant. . ; Ml)onald v. Harrington. — A claim of Ls l2s 3d, for butcher meat supplied at Half-ounce. Judgment for plaintiff, with costs. Mr Wilson for plaintiff. Same v. Londahl.— Judgment confessed for L 2 3175, with costs. Mr Wilson for plaintiff. O'Meara v. Cosgrave.— For L 7 14s 3d. Judgment by default for amount and costs. Same v. Shevlin.— ForL2 l9s 3d.' Verdict for plaintiff.

Lardi v. Constantino. — To recover L 8 Ids 6d, a disputed balance of account. Judgment for amount and costs. Mr Guinness for the plaintiff. Matthews v. Dargan,— A claim of L 6 8s 6d, the value of a quantity of blacksmiths' iron and tools, wheels, and other ironmongery. Defendant rented or bought a blacksmith's shop at Cobden from plaintiff -in August, 1867, and the articles sued for were part of the stock and tools which it was alleged defendant took at a valuation. This was denied by the defendant. The evidence was very contradictory, and eventually a verdict was given for the defendant with costs and professional costs. Mr Wilson for plaintiff, Mr Guinness for defendant. Smith v. Carter. — A claim of L4l 11s, made up as follows : — L2O, value of- a mare illegally detained ; LlO, special damages for wrongful conversion ; and Lll 11s for timber supplied to defendant— .and work done as^a carpenter. Plaintiff _ bougnT< a mare trout— auim.ji.»t » U1 Ti*>Ff~~? and he said there was no stated time in which the money was to be paid. Plaintiff supplied the timber in the bill of particulars, and found the labor charged for on account of the defendant, in part payment of the mare. Plaintiff became insolvent, and then defendant, it was alleged, took back the mare. The defendant's version of the matter wa3 that he sold the mare to plaintiff on condition tliat it should be paid for within a certain time, or he (defendant) had the option of taking the animal back again. Plaintiff did not pay the money and he took the mare back. His Worship took this view of it, and gave a verdict for plaintiff for Lll Us, for the timber and labor, with costs, making an order that defendant should retain the mare and foal. • Mr Wilson for plaintiff, Mr Guinness for defendant. Mathews v. Ashton — A claim of L2 l7s for tolls. Defendant denied his liability, and he further denied ever having issued tickets franked through, free of tolls, from Greymouth to Napoleon, to any parties riding his horses, although such a practice might have "prevailed from the Ahaura up-country. Judgment for plaintiff for L 2 2s with costs. Mr Wilson for plaintiff. Same v. O'Driscoll Egan. — This case was adjourned at the request of the defendant' for the production of a material witness. John Reid~ v. James Murison— Au action to recover the sum of L4O, the amount of an error of omission made by plaintiff, a cattle dealer, in an. account rendered to defendant, a butcher, for cattle and sheep supplied. Plaintiff said that defendant had repeatedly admitted his liability during the last eighteen months. For defendant it was urged that as plaintiff had made one error in his books he might make others, and further that defendant had never been served with a detailed bill of particulars. The Magistrate stopped the case until plaintiff's books had been examined by an accountant. Before the final rising of the Court the case was again called upon. M' H. Hayden said he had gone through the accounts between the parties at the request of the Court. The apparent balance .due plaintiff by defendant was L4O 0s 6d, but the actual amount due was ! LSO 15s. The discrepancy arose chiefly through errors of addition. In one column of credits the total amount was made L 604 10s, but the correct total was L 594 10s. The accounts generally were in a confused state. Judgment was given for the* plaintiff for the amount sued for, L4O, with costs, plaintiff to pay the accountant one guinea. Mr Guinness for plaintiff, Mr Wilson for defendant. Lonargau v. M'Laughlin.— This was a . complicated interpleader case. Both parties had obtained judgments against one Charles Wilson, and both levied on a share in a water race at Half-ounce. The bailiff sold the share but retained the money, L4O, until the Court directed who should be paid first. The Magistrate decided in favor of Lonargan, who made the first application for a distress warrant, but an order was made that in future no distress warrants should issue until 24 hours had expired after the judgment was given. Several other important cases were disposed of, and the Court adjourned to the 15th February.