RESIDENT MAGISTRATE'S COURT, PALMERSTON.

Manawatu Times, Volume II, Issue 33, 10 February 1877, Page 3

RESIDENT MAGISTRATE'S COURT, PALMERSTON.

Thursday, February 8. (Before R. Ward, Esq., E.M., J. T. Dalryniple, and V. Monrad, Esqs., J.P.'s.) There was no criminal business before the Court. CIVIL CASES. J. E. Gilbert v. J. Scorar. — Adjourned case. Claim £5 amount of wages paid to defendant, and now sought to be recovered as a loan on the ground of no equivalent received. The particulars of this case have been already reported m our columns, and it was further adjourned to allow of proof being produced of service of summons on defendant who lives m Wellington. Nash and Davics v. W. Dcards. — Claim £58 10s Gd. Mr Warburton for plaintiff, Mr McLean for defendant. In this case complainants had contracted to paint and decorate a hotel belonging to defendant, whom they sued for the full amount. Defendant pleaded that, according to agreement, the work was to have been done to the satisfaction of the architect, who deducted £10 10s from complainant's account on the ground that the work had not been done according to specification. The balance, £48 Os 6d, had been paid into Court by defendant. After hearing the evidence on both sides, the Court gave judgment for the smaller sum £48 Os 6d. Complainant to pay costs. W. Deards v. Nash and Davies. — Claim £39 4s 4d . Mr McLean for plaintiff, Mr Warburton for defendants. This was a claim chiefly for goods supplied to defendants, who objected to the following items : — (1.) £6 3s Id which was alleged to be an account rendered by complainant to Mr Hanson and paid by the latter. (2.) 15s for a whip said to have been sold to Mr Davies by Mr Cullum the complainant's sfcoreman. With regard to this item the evidence of Mr Cullum and that of Mr Davies was flatly contradictory. (3.) Exception was taken by Mr Davies to a transfer of certain debts, owing to complainant by some of defendant's employes, to his (Davies') account, the said transfer not having been sanctioned by defendant. (4.) An overcharge was said to have been made by complainant for a quantity of scrim supplied to defendant, who alleged that he was to have had it for 7d per yard instead of 8d as charged m complainant's bill. Mr Abrahams, being called as a witness for the defence, deposed that he was m the habit of selling scrim to ordinary customers at 8d per yard but that he had offered a quantity — remnant of stock — to Mr Davies for 7£d. It was also admitted by complainant that he (complainant) was m the habit of making an allowance of Id per yard to persons m the trade, but he alleged that 9d per yard was his usual charge for scrim. Ultimately the Court gave judgment for complainant for £33 10s 6d, the balance deducted being made up of the 15s for the whip and Id per yard on the scrim. T. Nelson v. Robert Blackie. — Claim, £5 14s lid. Judgment by default, for complainant. Same v. John Blackmail. — Claim, £1. Adjourned, there being no proof of summons. John G. Eush v. W. McDoual — Claim, £95. Mr Wat-burton for plaintiff, Mr McLean for defendant. This was a claim for compensation for the removal of a house from No. 268 section on the Rangitikei road. The complainant, who is the owner of the section, deposed that he permitted defendant, his son-in-law, to ei'ect a house on the section on condition that he (defendant) should plant and improve the said section. Latterly defendant had offered to pay rent, but had not done so,, though it had been demanded. Complainant, who is a farmer residing at the Hutt, had learned by telegram from his son, who lives m Palmerston, that defendant had removed the house from the section by night, and this action was brought to recover the value of the house, £75, and £20 damages. For the defence it was contended that, both m occupying the section and removing the house, defendadt had acted uuder the sanction of complainant. The evidence, however, went to show thrtt the house was not a fixture, having been built with a view to removal ; and the Court remai'ked that, such being the case, defendant's right to remove the house was incontestable, and judgment must be given m his favour, complainant to pay the costs. Palmerston North Local Board v. A. W. Lynds. — Claim 3s 9d. Judgment by default and costs 9s. Same v. W. Lingard. — Claim £1 18. Adjourned for proof of service. E. and W. H. Brightwell v. H. Munford. — Claim 17s Bd. Judgment for amount and costs 15s. Same v. W. Marsh. — Claim £5 6s 2d. Judgment by default and costs 13s. Same v. J. Lanko and J. Moulding. — Claim £9 3s 9d. Adjourned. Samev. C. Pearcin. — Claim £10 6s. Judgment by default and 13s costs. Palmerston North Local Board v. Riti Te Awi Awi.— Claim 12s Gd. Judgment confessed, costs 10s. Adam Clark v. Reni Warekatakata. — Claim £14 11s Od. Nonsuited with costs 28s. Thos. Eaymond v. Hoeta. — Claim £3 ss. Judgment for amountand costs 13s. Same v. — Beckham. — Claim £3 ss. Judgment by default and costs 13s. Pollock and Jones v. C. McDowell. — Claim £4 4s. Paid into Court. T. Eaymond v. J. Watkiiis. — Claim £3 15s. Paid into Court. Mackie and Aubert v. E. Noble. — Claim £10 5s Id. Judgment confessed. Costs 19s, to be paid at the rate of £1 per month. Same v. J. Eush. — Claim £27 6s 2d. Judgment confessed, and costs 17s, to be paid at the rate of £5 per month. James Linton v. Win. Wells. — Claim

£4 8s for rent, and claim for recovery of possession of tenement. Judgment by default, and costs 9s, and tenement to be restored. Same v. Charles Rogers. — Claim £4 Is for rent. Judgment for amount and costs 9s. Henry Phillips v. J. H. Henry. — Claim £1 4s, rent, and claim for recovery of possession of tenement. Judgment for amount and costs 9s, and tenement to be restored. Eu-hter and Nannestad v. A. Stratten. — Claim £24 8s 9d. Adjourned, defendant being m Australia. Walton and King v. A. Sh'atten. — Claim £9 10s 3d. Judgment confessed. To be paid at the rate of £1 per month and costs 9s. Same v. S. Groves.— Claim £12 12s 9d. Judgment confessed. To be paid at the rate of £1 per month and 9s costs. Palmerston North Local Board v. A. Young. — Claim £1 7s. Judgment by default and costs 9s. Palmerston North Public Hall Company v. Same. — Claim £7 17s 6d. Adjourned. T. Nelson v. F. London.— Claim £1 19s 6d, price of 4,500 shingles the property of plaintiff, alleged by him to have been taken possession of by defendant. 4,000 shingles were ordered to be returned to Mr Nelson, or the value at 17s per 1000, and £2 Is costs.