RESIDENT MAGISTRATE'S COURT

Lyttelton Times, Volume XII, Issue 721, 5 October 1859, Page 4

RESIDENT MAGISTRATE'S COURT

Lytteltom"—Ogtober 3. ! (Before John Hall, Esq., R.Mi) DUNSFOKD'^. ALFOBT.

This ease, which-had been,heard last Monday came on for decision.to-day, judgment having been deferred for consideration by the Bench. .The facts of. the.case, as deposed: to, were as loJJows —A sale of surplus stores, ex Cameo and Mary Ann, was advertised and held -by Mr. A J tZ ' dfr Af^ &t the ins^ee of .Messrs." BJSsh?ff t y A&^' ag,ents for wft V attendei. thlf sal^ and purchased two S f ? beer, according to a sample-handed round and tased by him, at 40s. per barrel. ' The poods Sth IVb ered t0 Plfb^ ?}° °n inS PectJon Sng that the beer was of colon.al manufacture, and not ■^nglish .as he had supposed, returned it to the auctioneer, and made a claim for a refund of the f v ™e nf pa,ld> Wi? LV xPe»ses» '^d M damages, by way of loss ,of profit. This claim bein- rffused and referred back to Messrs. Dalgety, Buckley & amount PTt e nt f^%^ s l h/°^ht So 1; 11"^ evidence stated the above it L, I c Pal °?-JB^"*. it -wag shorn, thai it was customary to introduce into a sale goods of which no-nohce had been in advertisement hat^the expression « &c." in theadvertisementsTnd placards was intended to include goods under these wcumstances; that in the present case no m %. bSshft 0" wf« att? mPt ed, samples fromiZ W fl- °fbeei; soldi^ingbeen haifded rourid for mspec ion, when offered; and that plaintiff had not only bought the beer with Ms eyes open but even at a price below the value of colonial beer" It , Mr. Hall :,i n g ; VJ 'ng judgment, affer-the weeks' postponement, went at length through the case and carefully summarisedrthe facts en sides £ presumption was, when a sale was called j ofwlfich nr^o^ g°°dS ' that^goods offered! tiZ ih f f KlShnct anno«ncemeflt.w asm ade at the te*iaatiaSirAS3!§ M3hi?9 loss: of, profit couW be.sustained L damages woiild be;aUowpd. fe«^ained, .no ■:! -i •SO^ITEE c*J ;CQPKSON,' BOWLEE & CO. j ThirVas an action to recover from the defon- : •ss%**"%i?^ *^ Mi»--va?the sum of "15 • f a '7 f a 1 P klntiff forfreight of hisbahisfamily, numbering. 5.1 adults, had been na4n gers. - p Th» amount; had been changed at SeS and refused^; but Messrs. Cookson, Bofe & if had received instructions, to recover t Se clnv tain allowance to be made to 51? adults 1W was.no evidence, onthe other hand to he derived : ft-om-the'Bill or^LacMng, fbr/besid^that^e S ?]? f • i . ac i cura^' but» on comparing- them with the freight note, showed a result vvhich looked Sp mere guess-work as to measurement. TwSiinW bill of lading, .under these circumst ( mce^b,«rs U^ mmmm amount of "the plaintiff's hZJ e %l" j ?-' wJ °le IVom this mu/be;;deducted^fcw°£ 5* adults, leaving 86 feet charo-eaklp TZ ton, making with charges, £6: & fid TT^'f" mentof the Court was herefbre for th^ JUdg" Pcaid above this sum.viz.: £10 ll s 9d °V6rplus ,

-EEID.-O. BOOTH. mmm given for ti P 3ft "heTmi S^, WBS the ground that one partne was Tbl ttt^ for any debt contracted on behalf of fhl fl SUf

the highest amount recoverable ■H* Iji ,- -T he.lmd refused^ t X it in Jlf^^' but afli<* of the^torea, He lS nay« 2S?S? ? m to one gg'nont for the defendant with costs ifa Thwe were no other case* Q f interest ' **