RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume II, Issue 42, 17 April 1862, Page 2

RESIDENT MAGISTRATE’S COURT.

(Before J. Curling, Exq., It.M.J We regret that in giving a jmcis of the cases in the Resident Magistrate's Court in our last issue, our report of the case Muuu v. Stuart, Kinross, & Co. should have appeared one-sided. This certainly was not our intention, and we now give more fully the evidence given in the matter, taken from the Court documents. D. Munn (in addition to the abstract of evidence given in our last) stated that when he paid the money (£3) something was said to him by Mr. Lechner (defendants’ clerk), to the effect that if there were not sufficient passengers the steamer would not go ; but in the afternoon he was told by Mr. Lechner that 25 passengers had engaged places. Wm. Lechner stated that he was book-keeper to the defendants. On Monday, the day previous to the intended excursion, plaintiff came to the office, and I told him that the fare' was £l, that is 10s. each way. He paid me the money, and I gave him a receipt. I told him if sufficient inducement did not offer she would not go, and that I would return his money and he should return my receipt. It was not found out that the steamer would not go until about 8 o’clock on Tuesday morning. We had no time to give notice that the steamer would not go. Passengers had to provide themselves with provisions. The steamer was advertised to sail at 7 o’clock in the morning. April 11. Rathbone v. Pinches. This was a claim for £lB 75., of which £l6 ss. were damages for the loss of the contents of a certain quarter cask, port wine, shipped to the plaintiff on board the Arabella, and £2 25., the cost of survey of said cask. Mr. Allen for the plaintiff; Mr. Wilson for the defendant. The case rested on the question of whether the damage occurred through leakage, or in consequence of a certain spile hole found in the cask. After hearing the evidence on both sides, judgment was given for the amount claimed, and costs, £2 11s. Lowry y. Couper. This was an action to recover £l6, being money lent to the defendant by the plaintiff for payment of a claim made by one Louis Dunoyer against him. Judgment by default for £l6, and costs, 30s. Tuxford v. Harvey. Plaintiff sought to Recover the sum of £7 for rent, and a farther sum of £8" 19s. 6d, for money lent.

The whole amount claimed paid into Court, with costs, 6s. Jarvis v. Collins. An action to recover the sum of YG Ills. 6d., the value of certain goods sold and delivered by the plaintiff, Wm. Jarvis, of Clive, to one Edward Cracknell, and charged to to the account of defendant. The defendant, James Collins, stated that Cracknell was in his employment; that he did not authorise him to buy the goods in question. He had always given him an order when he wished him to get goods for him. Cracknell had told him that the plaintiff had made a mistake, that he got the goods on his own account. He saw plaintiff afterwards, and asked him why he had let Cracknel! have the goods ; that he had not given an order for them, and that he would not pay for them. Plaintiff had no witnesses. Judgment of nonsuit. Defendant’s costs, 9s. April 15. J. A. Smith 8$ Co. v. Me.Sweeney. An action for the sum of £4, alleged to be owing to plaintiff by P. McSweeney. Settled out of Court.