RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 55, 9 July 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

' . .. ■„, . . ThttiisdA?, . Zxsm 3j IS*9, . . " CBafore Hobbet Wabd, Esq., R.M.]: „ ' - VACtBAN-p QTJAp^TTPJSDS. .'■"". Charier WyKe/rhdmas Moffatt, Edward OpUini;.>hd .Thomas vGb.odjss.on w»ra ati|prmtd against by Constable G-illespia for i..breaph oi the 28th Clause ofjthe.Borongli ,?ye-law», by allp#iM thei? horses to rrans&Upon the Sqiiare. ; . A fi«e of fir* BhilUngß,Ands»y«i\.jhiHingß ; : Coifc«, was inflicted h\ eaoli ' : eaW^wftii the •icei^ionrofjftak ;againsl? Thomas %offefck : ;|nd Thortas Groodissoni who w«re ordered , to pay ten shillings and, costs. • .* f J>v-- ' ; "-- ; , J : ?; *^£"CASEar V;;; ' <f l '^'.-^ , Kpbert VabKp: Newman.— vlaim r £a Os. W., ,for meat suppyed^ I)e.feiidanfc did not : appear, 'And [ : plaintiff •M>ted that cine* ibTii?: summons had be«n , iwied h* had/telteßr sbroj? xneat, and woiild/ thjeref or© reduce hiiVclairii to dßri2B.4d ,r Judgment gfr*n for^^ amount 'olSimed'.-" >>Johh Strike v ». William Beards,,— Claim, ..Jsßo-Bm.\ Mr. Maclean, app^red for plaintiff, and TMCr.^ Prjor for def ofldant. Thfe ..,W|fon was one brought ioi>. an alleged. *W»cH of 'o^njtrtot, »nd pa opining the pasf

Mr. Maclean stated that his client had been engaged m Wellington at a salary of £3 10s, per week for the winter months, with an understanding that there should be an incroase during the summer/. An agreement was sought to be put in'/bnt Mr. Fryor objected to its reception without a £o stamp upon it. Mr. Maclean said that although be believed he coulVl establish, his case* he could hot. do it with the same ease as if the document were producible, and consequently he would .ask for an ad jourmnent m order to have the.letter sent to .Welling- , ton to b>^ stamped. Mr. Pryor would not oppose I the* 'adjournment, -providing the: usual feey: for such; a[66ur3e were ;' paid by the plaintiff, and that being conceded,. tho .case was adjourned until the next Court day.'; .;■;'- ' i: 'l-'*H I7 /" .-'.-' ■' •/:v/'" : " ■'■■'- ■ EBENEZBB H. HUNT V. W. E. DIMOND. Claim, £50 15s,j for goods supplied. Mr. Warburton appeared for plaintiff, and- Mr. Staite for the defendant, :.i Tor his client, Mr.-Staite admitted liability for £8 Us. 6d.. but denied further responsibility.; Mr, Warburton, without any opening remarks^ put Mr. Hunt .intpthe<box, when !i cwa3 J examined by the BBneh.-Erbhi the eridence ,of the plaintiff it .appeared that he had sold certain goods ' to defendant, with the undewtanding that the- order was to be completed. .Although defendant" alleged that there : had been, unnecessary j 'delay m forwarding balance of goods, and declined Reception"' of- tlie order, sxich had not been the case, Mr. Staite put his client into the' box, who stated that a agreement Had been entered into between himself and Mr. Hunt, one of the principal j ifeat'uresVof ■which was that he was to receive immediate: ideliVery of: the^ goods -^ ever, was .not : eoinplied; withy and before a portion 6f the goods ; arrived; he waV compelled to purftbase. elsewhere ; consequently as those received from defendant would be a drug on his hands he. returned them to Wellington. . He had made use of a portion, and liability i to the. extent of £8 11s. 6d. was acknowledged. ... ' Mr: Staite -skid that had be wished he might have applied fora non-suit upon the plea that. the declariition had not been been proved;. but having admitted liability for £8 lls;'6d^ that course would not be taken.- •-. •%•'.: ~^~ ■■'-'- ' v-; r : -''-' ■ The Bench said that a great deal of evidence had been >aken m the case,* from which it appeared that a specific .contrabt »had: been ..entered, the conditions of which had >iot been carried out by plaintrff. Ju:dgmc»t f or plaintiff for £8 lls r 6&— the . sum admitted.- ■'. 'O*' ■ '' ; ;-. 1 . ■'..■.".•- ■ ■ ' : '--'- '" '■ ' ■'■' - ; v. Mr. WArburton applied for -pla,iatif^'aex» ■ipenseSj-bujb;' .; ..-. i-":s. •V 1 .-i*.-'r- 1 .,.;i-,'-.'-- -' . Mr. Waifl: said he had no. authority for such an order.. ' v \ ■':'']';' '■*■'■'■}■' . . TMr. Staiie, on behalf of his client, would not object -to Mr. Hunt being alW*d.a : reasonable- suiiifpr hisVpxpenses. ' The 'Bench- then awarded £5 expenses ; counsel's fee, '£2 2s. -and costs of Court, £2. : Thomas Moffutb ».-' C. Berg. —Claim, £10. LOs; Id., for meat supplied^ Defendant admitted the debtV* and to paj^ it at the £3 per; month. -' : J Mr. Moffitt accepted the terms, and an prdeu.- waa^ made accord- : '■lngly: ••••;■•.'■'•.:'.' -- y--c : t." •--. '.v .-;.' ' -RichiTd Peok v. Jorgorm Petterson. — -■Claim, £12 18s. ; '""Mr! 'Staite appeared, for /defendant, and at the outset „of the case ;took' exception .to Mr^Peok: giving evidence of: the -several itetiris of his.indebtedness without the production of his bonk m which ■ •ntrws had been made..: Plaintiffi. applied for an ; adjournment for their production, and bounset riotr. opposing, the ' application 'was grahied., . ■ ;' ; .:. -■'. i ' .'.•".■•;.' ...";.■ -,-., ■'.-■ .' : . :