RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XVI, Issue 144, 18 June 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before L. Broad, Esq., R.M.] S. J, Nash v. Stallard and Good,

The Resident Magistrate delivered judgment in this case this morning as follows: —

This action is brought to recover several weeks wages from the defendants as execu, tors of the late Mr Waters. The claim arises under a covenant in a contract of apprenticeship, and the wages are claimed at luring accrued due since Mr Waters' death. There are two questions to be determined— 1. Is the plaintiff the proper person to bring this action? 2. Are the executors bound to find the apprentice another master, or to pay him wages during the whole term, although they do not carry on the business, and are therefore not able to carry, out the contract to teach? It is evident upon the face of it that the covenant under which the plaintiff olaima is. not made with him but with his father, and the latter therefore can alone sue for damages for a. breach of it or for any-? thing alleged to be due under it. Section 24 of the Resident Magistrate's Act, 1867, does not apply, because the plaintiff relies solely upon the deed. Farther, lam of opinion that there is no binding to the executors in. the deed, that they are not bonnd to teach, and are not liable under this contract, which was discharged and put an end to by the death of Mr Waters. For the above reasons the plaintiff must be nonsuited with costs' £1 12s.