RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XII, Issue 90, 18 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before L. Broad, Esq., R.M.) THIS DAY.

Crozin v. Infield.— The hearing of this case was adjourned until Monday. Davis v. Townshend.— This was an action to recover £10 10s 4d from defendant, who resides at New Plymouth, where his evidence had been taken. Mr Pitt appeared for the plaintiff. The defence was that some tobacco which had been sent to him iv February, 1876, and paid for in the following month had turned out unfit for use, and defendant while admitting his debt put the amount paid for the tobacco as a set-off. His Worship ruled that the two cases were entirely separate, and that to recover the tobacco money there should have been across action. Judgment for plaintiff with costs Levestam v. Owen.—Plaintiff sought to recover from defendant, a resident at Havelock, £6 ls 6d, the price of an earth closet supplied. Mr Fell appeared for the plaintiff and Mr Pitt for the defendant. It appeared that plaintiff had made for defendant in December last one of these closets to his order and sent it to Havelock, but that on arrival there defendant could not work it, and made certain alterations in the mechanism. A verbal message was sent to Mr Levestam in January to this effect, and a little later he accidentally met Mr Owen in town, who complained about it, when Mr Levestam told him if he would go to the shop he would show him how to work it. This he did not do, and in March sent the closet back without any letter or communication of any kind. His Worship ruled that in making the alterations defendant had exercised his right of ownership, and made the property his, also that he had kept it an unreasonable time. Judgment for plaintiff for amount claimed and costs £2 18s.