Page 4 Advertisements Column 1

New Zealander, Volume 8, Issue 667, 4 September 1852, Page 4

[advertisement.]

To the Editor of the New Zea lander. SIR,— The following account of a case in which I have been concerned, having been offered by me for publication to the Southern Cross (it being the first paper to be published after the healing of it) ; but as it was refused a place in that paper, will you be so kind as to publish it in your journal of Saturday first, for I think it is one of the decisions of the Court which should be brought under the notice of the public. Resident Magistrate's Court, Thursday, 2nd Sept., 1852. Before Thos. Beckbam and Lachlan McLachlan, Esqrs. JAMES NINNIS Y. WILLIAM FORSYTH. This was a claim to recover £4< 11s. 6d., composed of iteiiis as under:— 1852. £ g. d. May 21th. To 25 bushels of lime, Is. per bushel .. .. „ 15 0 June 16th to 25th. To carriage of timber, &c, to Auckland from Onehunga, 2 horses and dray five days, 12s. 6'd 3 2 6 July 2. To carting timber on Onehunga beach .. .. .. 0 4 0 £4 11 6 The defendant admitted the first and the last items to ' be correct, but against the five days work of two horses and dray, pleaded that he bad entered into a verbal contract for the hauling of the timber by the hundred feet, and that all the timber hauled by the plaintiff" according to a detailed measurement in his book shewn in Couit was, 1300 feet, at Is. per 100 .. 0 13 0 Two items admitted to be correct . . 19 0 £2 2 0 Defendant had lodged a set off to the amount ' of £2 ss. 9d., which was admitted to the amount of . . . . . . . . £2 2 0 Mr. Russell appeared as law agent for the plaintiff' and Mr. Forayth defended the case for himself, The plaintiff's evidence was taken and showed that the defendant had employed him by the day to haul the timber, and not by the hundred feet, denied all know., ledge of having made any contract ; that he hid asked from the defendant Is. 4<d. for the hundred feet; the plaintiff was asked if he had received a letter from the defendant, be said yes ; the letter was produced and read in Court, which shewed that the defendant udmited £2 2s. of the account and offered to submit the farther sura in dispute to arbitration.