RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume II, Issue 90, 16 February 1863, Page 3

RESIDENT MAGISTRATE’S COURT.

Before J. Curling, R.M., J. A. Smith, 1L S. Tiffen, cf M. Fitzgerald, Fsqs., J,P’s. Fannin v. Stuart. Detinue. The plaintiff in this case called upon the defendant as agent for the barque Constance, to show cause why he should not deliver up certain goods belonging to him which were on board that vessel, he having refused to do so. The plaintiff stated that when in London he had consented to some of his goods being shut out of the Constance to oblige the agents there, on their agreeing to ship them in the George Canning which, if they foiled to do, they were to be brought out in some other vessel, but no charge was to bo made for the freight, and produced the agreement. The goods had come out in the Wild Duck to Wellington, from which vessel they were transhipped on board the Constance and brought on to Napier. The defendant had refused to deliver the goods unless the freight was paid. Defendant said that he was only following out the instructions he had received from the agents of the vessel in Wellington, but that if the Court thought that the agreement would protect him as agent here, he had no objection to deliver the goods, and that it was brought to the court only for that purpose. The Court held that the agreement was binding, and that therefore the goods should be given up.