RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume III, Issue 226, 23 September 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, September 22, 1868. (Before J. Sharp, Esq., R.M.) Philip John Murtagh, charged with furious riding on Suuday afternoon in Grove-street, was fined £2 and costs. Heaton v. Guerin. — Thi3 was an action to recover £20 2s. 9<1., being the cost of certain military accoutrements, procured by the plaintiff, who is purser of the s.s. Otago, from Messrs Milton and Co., army accoutrement makers, of Collinsstreet, Melbourne, at the request of the defendant, together with commission fee, and other chara.es. Mr Kingdon appeared for the plaintiff; Mr Pitt for the defendant. It appeared from the evidence that the plaintiff had undertaken to give the order to Messrs Milton & Co., who had executed it and forwarded the parcel to Sydney, where it lay for a considerable time, and was theu sent on to Nelson, directed to Mr Cawthron, The order was given in the early part of March, but the goods did not arrive in Nelsou until the 10th of June, the articles in question being particularly required for the Review on her Majesty's Birthday. Mr Pitt urged that tbe affair was not a matter of commission but of goods sold and delivered, and that the whole transaction bore out this view of the case. The neglect moreover was on the part of Messrs Milton & Co., and the plaintiff's remedy lay with them and not with the defendant, who had experienced much inconveuieuce from the non-arrival of the parcel. His Worship gave judgment for the plaintiff, with costs, ruling that it was simply a commission, and that although much delay had intervened, no blame was attributable to him, and no real loss bad been sustained by the defendant. Wednesday, Sept. 23. The following civil cases came on for hearing this morning : — Batey v. Horn. — Action to recover £41 55., interest on mortgage. This case was adjourned for a week. Amos v. Solly. Action to recover £33 7s. 6d., the amount of a promissory note. This caae was also adjourned for a month. The following case of assault—-Bucker-idge v. Ludwig— *• was also heard. It appeared that the parties; were neighbors in Trafalgar-street, and the evidence went to

establish the fact. .that., a series of mutual aggressions had taken place between the two families, which culminated in the defendant entering the plaiutilf s shop yesterday, and in his striking Mrs Buckeridge on the chin ou her requesting him to leave ths premises. ' The defendant was fined £3, with costs. Newland v. Brookes. This was an action, in which two dames resident in the Wood, who had lately appeared as collitigants in the Court in a case of assault, were coucerued, for the settlement of an account due for milk. The defendant pleaded a setoff for sundry articles of children's dress supplied to the plaintiff, and his Worship having expended much trouble on the unravelling of these feminine mysteries, gave judgment for the plaintiff for 75., with iis. costs_ The case Moorhouse v. M'Eae, for trespass, was again adjourned for a fortnight.