RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume XI, Issue 976, 12 September 1871, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

. Thursday, September 7. (Before 0- Whitefoord, Esq., R.Bt) - ■ CfVIL CASES. Craig Bros. v. John Hamilton.- t -A ■ , claim of Ll2 lls 3d, the price of a ton of potatoes supplied to the defendant. The defendant paid Lll 3s 6d intdX/ourtas a payment in full. The plaintiff said the price agreed upon for tbe. potatoes? was <i? LIO per ton, and he produced his book - showing an entry made when, the order , > was given that LlO was the price. The defendant denied this, and said he only agreed to give L 9 per ton, and the bags were always ready for the plaintiff. The Magistrate -said it was evidently a misunderstanding between the parties. The '' entry of the price .in plaintiffs' books at the. time of sale was in their favor. Judgment for LI 7s 9d, in addition to the amount paid into Court, — the bags to be returned. - : ■ \ ...'■'' : f Carroll and 'Co. v. John Reid.— A claim of L 35 18s, for freight of 25, 8061 b., at 6s per cwt., rrom Gireymonth to the ! ; Hikmatua and Biverbank. The defendant \ admitted his liability for 38571 b., but said _lhe balance was an overcharge. The plaintiffs produced the bill of lading fpr_,_ the freight, mostly parts of the machinery of a sawmill, and the weights were taken" '•■• as supplied by the defendant's agents at Greymonth. It was also' proved that the '■/ defendant signed the freight notes as the". '.• packages were delivered. The defendant contended that although he signed the waybills he did so without weighing the goods, but he had weighed several articles since and found that, the actual weight . . was considerably less than that charged , for.; He also said that tbe plaintiffs agreed * tqfeke the freight out in chaff, and he < * had supplied them with L4l worth already. The Magistrate said that the defendant j could no go behind his own signature to the way-bills, and gave judgment for the j amount claimed with costs. Marshall and Young v. James Coughlan. —Judgment was confessed in this case fcfr Ll7 18s, and an order was made lor immediate execution. -. < Qoates and M'Millan (i« the estate of James Magoffin) obtained judgment' ' against the same defendant later in the day, for L 43 4slod, and an application made by , Mr Guinness on behalf of the trustees gaVe'rise to «ome discussion. Mr Guinness applied that proceedings might . be stayed on Marshall and Young's, jflflg^ -.«-.. ment, as~ the defendant had some months ago made over his share in a claim mt ; ' Half-ounce to James Magoffin as security for his debt, and the share, was legally held by Magoffin's trustees. The defendant had confessed judgment in THfarftMl and Young's suit se/eral days before the case came into Court, and it was evidently an attempt to give Marshall and Co a preference to the prejudice of Magofira's trustees. His Worship said be strongly disapprovedtof the course taken by the

defendantrbiat f- SsSthe^ repfesentative of the trustees was in Court when the order was made in Marshall's case, and as that was the proper time to raise the objection, the Court would not. now interfere. M'Donald v. Constanune!--A claim of L68 13s 3d for butcher meat supplied to a party of miners at Half-Ounce, on the alleged guarantee of the defendant. Judgment was given for the plaintiff in this case at the last sitting of the Court, but on the application of Mr Guinness a rehearing was granted. Judgment was again given for the plaintiff with costs. Mr Guinness gave notice of appeal. Lardi v. Tongyetti. — This was an interpleader summons to try the Ownership of certain monies supposed to be in the hands of the bailiff of the Court — but which turned out after a hearing ef some hours to' have only a mythical existence. Lardi and Tongyetti both obtained judgments some tims ago against a miner named Berens. The bailiff sold Borons' share at Mosquito under Lardi's warrant, and satisfied it, paying the balance to Tongyetti's solicitor, Mr Guinness, who now appeared for the defendant, and wanted to know what his client was summoned for. It was not to produce the small balance paid him after Lardi's judgment was satisfied, and it could not be for the other money realised by the sale of the share, for Lardi had received it. It transpired during the hearing of the case that Tongyetti had entered an action in the District Court against the bailiff, and; claimed L3O as damages for not executing his warrant before Lardi's, and that in reality this case was brought in the Resident Magistrate's Court to uphold the bailiff in the action he had taken by paying the money over to Lardi. "Judgment for the plaintiff, with costs. ~ r.,; ,: ; ; Judgment's were given for the plaintiffs in the following cases :— Fraser v. Jay, for LI 165 3 d,; R. Russell v. Murphy and : M'Briotty, L 34 16s 3d; Coates and M'Millan v. Nelson, L 24 14s 8d ; M'Donald v. Cantrose, L 8 15s ; Torrens v. McVeigh, £4 17s 6d ;Fox andiO'Neill t. CaHanan.LU 14s 6d; Reid and Carter r. Cameron, L 1 8; Russell v. Morris and King, L2O 4s 7d ; M'Kenzie and Lock v. Callanan, LlO 10s 4d ; Leeß v. LittLefield, L 2; Coates and M'MiUan y. Sutherland, ;lA 8a ; Boyett v. Atcheson, L 3 3s ; Pothan v. Lawrence, L 3 11s 9d. Pothan t. Native, Whitnow v. Cooney, and same y. Johnson were enlarged.