RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XII, Issue 238, 8 October 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. [Before L. Broad, Esq., E.M.] Davis v. Cotterell. This was an action brought to recover the sum of £57, the amount of a promissory note. Mr Acton Adams appe ared for plaintiff. Mr Fell, for defendant, confessed judgment on condition that no execution should issue to prejudice the rest o£ the creditors, defendant's estate being in liquidation. Judgment was given for plaintiff for amount claimed, and costs £5. No execution to issue for three months without leave of the Court. Baly v. Millar. This was au actiou brought to recover the sum of £i-2 10s, balance for three quarters rent of Rock Villa. Mr Pitt appeared for plaintiff, aud called Mr A. Adams, who proved that the defendant was the executor of the will of the late J. Millar. Mr JJaiy proved the debt. Judgment was given for plaintiff for the amount claimed with £i 10s costs. G. Thompson v. W. Walker. This was a claim brought to recover the sum of £-22 4s lod, balance due upon au account for .£4O for board and residence. Mr Fell appeared for the plaintiff and Mr Bunny for the defendant.

The defence in this action was that the amount claimed had been paid by the transfer of certain shares on the Northumberland Gold Mining Company to the plaintiff, while for plaintiff it was alleged that the shares were only held as security for payment of the debt. In support of plaintiff's case George Thompson said : —Defendant was boarding at my house in 1875. He incurred a debt to the. amount of £40, and I refused to allow his luggage to be taken away until this amount was paid. He afterwards transferred to me certain sharea in the Northumberland Gold Mining Company, and left in the legal manager's hands £20 to pay a call due and any further calls that might be made. The speculation proved a failure, and I received on defendant's account the sum of £17 15s 2d, a dividend declared upon the realisation of the assets of the company. The documents by which the trausfer or sale of the shares from defendant to plaintiff were produced. One was a sale to plaintiff, tho other an agreement signed by plaintiff to resell to defendant for the Bum of £40, the legal opinion being that the two taken together constituted a clumsy kind of mortgage on the property. Mr Bunny cross-examined witness to prove that the shares transferred were taken by plaintiff as payment in full for defendant's account. W. Haddow, sworn, stated that he was the legal manager of the Northumberland Gold Mining Company, and remembered the condition of the transfer of shares from defendant to plaintiff. Plaintiff was to hold them until he received £4,0, and then they were to be re-transferred to defendant. This closed the case for the plaintiff. For the defence W. Walker deposed that the plaintiff accepted the shares as payment in.full of the account, and agreed to risk the transaction being remunerative on condition that £20 was placed in the manager's hands to meet future calls. Plaintiff had drawn whatever dividends were due on the shares. Mr Bunny addressed the Court and contended the transfer was a payment taken as full satisfaction for the debt. Defendant had been in Nelson for the past 12 months and no request had be n made for the payment of the balance now claimed. His Worship said there was no occasion for for Mr Fell to reply, as his (the Magistrate's) mind was quite clear that plaintiff was entitled to recover. Legally the company being an incorporated one, and no transfer as provided by the act having taken place the transfer could not be held to have taken place at all. But beyond this the defendant was bound to prove that plaiutifl! had taken the sharea as a receipt in full for his bill, and this he had altogether failed to do. Judgment would be for the plaintiff for the amount claimed, and costs £4 2s. Upon the application of Mr Bunny time for payment was allowed, and an order made that it should be paid in weekly instalments of £1. Boor V. Woolfb. This was an action brought by plaintiff, for the Hospital Committee, to recover the sura of £98 4s. a portion only of the cost of maintaining the wife of defendant in the Nelson Hospital. His Worship said he could not hear the case, as re was a member of the Hospital Committee. This was the first time the awkwardness of holding the two positions had been shewn, and to prevent a repetition he would immediately resign his seat upon the Board of Management of the Hospital. He thought, however, the Hospital Surgeon was not the proper person to bring an action of this kind. The Institution was under General Government control, and if the authorities in Welliugton were communicated with, the Crow n Solicitor would probably be instructed to take the necessary proceedings. The summons wa3 then withdrawn.