RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 91, 12 November 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

: E^iDXT, November 7 a 18?9, (Before tt, Wai'd.'Eaq., fi.M>j f ' There ; wa,s n,o criminal business lQfore I t^ppMrj;, ,-,, .. ".' . ...' _ !-■■". 1 CIVXIi OASBB. Charles Hodges v. John Bookman. — Claim, £2 10s. Parties called. No appearance. Gits.c struck out;.; . ; I- Thomas Si^tii ?/ Ma,ico(m # Co.— Claim, £12 Bi.* for work and labor done. Mr. Madden appeared for plaintiff, and Mr- Cash for defendant. : ""'.'■ iThonias Smith examiued: lam plaintiff m this action. It is for firewood, &7 4s. t arid six and a half days work with horse, a.t i(is. per day, £5 4s. I. had delivered firewood previous to that charged ie bill, fpr which I was paid. I was told tdi go. qn. I eXanpt sajr.wjiQ, told me. Mr. S,ainsbury engaged me, to warif on the. tram way with my horse. I believe that Mr.. Salisbury is one of th.c firm, of Malcolm and, Ocynpany. ;Cros.s-exai2ji,ned by Mr. Cash : After delivering tlie'first lot of firewood- 1 did not ..see Mr.. Makoliiv with regard to^ that charged m the bill. Mr. Qr?gop.y; ordt?red it, I; thought l\e w,as. Qiie' of the firm; Mr: Swnsbiiry garei meihe orderfor drawing; the logs. He did not mention the company. I was not engaged with Ahderspn arid' Gregory. I, swear I did not work for Anderson und t Gregory^ 1 received, ' nibney from, Gregory. I did;ho,t receive ; the money for the firewood prior- tp.the 29th May from Anderson and Gregory/ I Jtedeired a.cheque from Anderspii. J do np.^ know whose, cheque it was, Cross-examined by Mr. Madden i The firewood I drew for which I was. paid, was used for the mill. Mr. Gregory gave me the order on both occasions. tTo the Court: Anderson pdid m^.fp,^ the wood delivered prior to that charged-. I dp hoc know that it is ; customary for sawmilli proprietors to let the working of their mills by cqntra.ctV • ; , — Malcolm examined : In the month, of May, June, and July, Mr. Sains bury was a partner with me m the firm of Malcolm & Co. Cross-examined by Mr. Cash: Iliad .an agreement with: Anderson ana Gre* gory. Contract pi-oduced is the one It is dated Ist October; 1878, and by it Andersop and. Gregory undertook to supply^ labor, &c, and cut at 3s. 6d. per hundred feet. I'iie firm of MaloPlm and Company had never any dealiiigs with dofendaut-as todrawiijg logs. Wo have had firewood from plaintiff. We liayie paid Anderson arid Gregory according to the -contract, and have also advanced £77, for the purpose of enabling them to pay their -workmen. After Anderson and Gregory failed to meet their last engagement,, pjaiutiff "brought an account, and asked me to pay it. I declined all^^ responsibiiity. Tihe account was at that time made, out m tlie name of Andersoni and Gregory . I)efeudaut asked me to instruct Mr. Maddeu tft tftke proceedings : against Anderson and Gregoryi which I did , aja^ a,ko pai4 . Mr; Madden the fees. I b^4\eYe^lie action #as not institnted. Joh,n 4nderso^ examined ': I ani clerk m the employ of Malcolm & Cp. J remeuil^er taking a "message "to plaintiff frbiix \ftderson (during the exis.f ence of tl\e contract with A;nde.r*on, ft^d tu^t h^e wished him to come and work on the tram on the folio wiiig. Monday. Defendant was not. engaged, by Malcolm .a.nd .Cp v .'" . ri ~ '„ „• ■;: y .- .* ;:.';• '. Crbss-jß^in i^ed by Mr. Madden : : Defendant had plenty p| opportunities ftf speaking w|v^M|^ §ains bMry. lam .^pt; prepared tb"swear thftt 2&r. 3^insbiiry did not gjve hiift Qrdgrs iojt logs, on the tramwaj:. ■ > <.•■■.-. :- -^ :■;•; ,-•:^;; -*; • — His Worship evidencej^Yfi iuqgmeivt fcic d.eiend^nt* ..■^ltlt. cpsts v : ;•■ '• /i'::'i"'^ : ':-;\J. ..',>. V -V" v . B. y.Ti. Jliewerß. ; v. .JbsepH JyeM(t.^ Cilajm % od £55, 19s^ M. Mr. Cash! ap-; poared for the plaintiff-^Mr. Madde-h tcir d«-.fe.ndan^. -*[ .-h ~ : ' Mr. Madder^ stated tha,fc his defence wasV;npt/mdebtP'di'and^ta.^t;hci:''had^,Ter ; cci : |i,is,ifu.r are.v uipxi'ti -than th,eo amount sued for, and was ■proceeding to examine the plaiotiff's •wiaiess,- as to. credits given qii aCi.puntss(produced) when . Mi*.. Cash objirted that as the credits had no stamp almched tiiey could np,t hi' rt-ireiYed ia eyidencf , *• .

His Worship upheld the objection, which proved fatal to the defence, and judgment was given for plaintiff with costs. - W. Nioholson. v. B, Gosling. — Claim £25 14s. for worth ajiid labor done. Judgment for plaintiff for amount claimed and costs. ' JUDGMENT BUMMOHB. J. Klink. v. W. Nicholson.— Claim £10 2s, No appearance of plaintiff, case further adjourned sine die. The Cbiirt then adjourned. After the court had been adjourned Charles Hodges the plaintiff m the first case set down applied to have it restated. "-■■-..; His Worship granted the appliea : . tion. Plaintiff examined stated that defendant had given him as T,O.U. fbi^ £3 of which he has only received 10s. Judgment ex 'parie for plaintiff- for £2 lOs. and costs. The Court then adjourned,