RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXX, Issue 4496, 17 August 1875, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, August 16. (Before J. C. Crawford, Esq., R.M.) drunkenness, disorderly conduct, and assault. Jacob Nowlan was charged, on the information of Mary Anne Campbell, -with the above offence. The complainant deposed that she was returning home on Friday night from the Odd Fellows' Hall, when she met the defendant, who assaulted her, knocking her down and damaging her dress of the value of £ls. The complainant’s statement being corroborated by the evidence of a witness named Robinson, the Bench inflicted a fine of 605., or, in default, fourteen days’ hard labor. DRUNKENNESS AND FIGHTING. William Higgins and William Marshall, convicted of the above offence, were fined 20s. each ; iu default, forty-eight hours’ imprisonment. DRUNKENNESS AND RESISTING POLICE. James J. Ross, convicted of this offence, was fined 205.; in default, forty-eight hours’ imprisonment. DRUNK AND DISORDERLY. James H. Phillips, convicted of this offence, was fined 205.; in default, forty-eight hours. DRUNKENNESS AND DAMAGING A UNIFORM. Edward Twohey was convicted of drunkennes: and disorderly conduct, and also of damaging a uniform coat of the value of £2 17s. 6d. The Bench inflicted a fine of 605., and in addition £2 17s. 6d. THREATENING LANGUAGE. Charles Mathieson was charged by Rudolph von Mirbaoh with the above offence. It was proved in evidence that the plaintiff tendered the legal fare to the defendant, who is a licensed driver, and that the defendant refused to take it, and used towards the plaintiff threatening and abusive language. The Bench ordered the defendant to be bound over to keep the peace for three months in the sum of £2O, and to pay costs of court. CIVIL CASES. H. F. Logan sued for £32 6s. 2d., for goods supplied to defendant Charles Wylie, on account of himself and his partner Mack. Mr. Brandon appeared for the plaintiff Logan, and Mr. Allan appeared for the defendant Charles Wylie. H. F. Logan, storekeeper, deposed that he supplied the goods to the defendants, and that they were delivered on presentation of signed orders. [Signed orders produced.] The defendant Wylie was present when goods were charged to partnership account. Wylie represented that he and Mack were going into partnership. On this understanding the account was opened. The prices charged were fair prices. Whether Wylie or Mack got the goods they were debited to the partnership account.

By Mr. Allan : The partnership account was opened on the 24th October, 1868. Wylie did not say that Mack wanted a few things on his personal responsibility. He held Mack to be responsible too. The amount £lO was paid as per receipt. No money was afterwards paid. He had requested payment many times. The documents now produced are in Mr. Wallace’s handwriting. Wylie swore he could not write. Witness closed the account when Mack went. Wylie told him he had bought goods and paid for them, but not during the currency of this account. By Mr. Brandon; The goods were delivered sometimes to me and sometimes to another of the defendants. After the debt was contracted Wylie offered to pay half the amount. Never took any action against Mack. He may have purchased goods since. By Mr. Allan ; Did not say in previous action that Wylio offered to pay half. He said it on my premises. Could not recollect date.

James Wallace, manager for H. F. Logan, deposed ; Knew the defendant. Remembered the two defendants opening a partnership account in October, 1868. The account was opened in the names of Wylie and Mack. Entries were made of the delivery of the goods. He did not supply all the goods. The orders now produced were brought by one or another of the defendants. Wylio admitted that he was liable for the goods. He said he would see that the account was paid, and that he had a volunteer land order for £3O, which he would hand over as security. Afterwards gave him the scrip back on bis saying that he had a customer for it, and that he would bring back the money. Saw him afterwards. He said he would not pay the money as he was not of age. Saw nothing of Mack. By Mr, Allan : Could not say when Wylie first came. He said he was leaving his father and going into partnership with Mack splitting shingles, posts, and rails. Witness did not know Mack, and on Wylie’s recommendation the account was opened. Witness supplied goods ou partnership account. The ledger was posted regularly. By Mr. Brandon; Witness asked Wylie why he did not bring proceeds of scrip; he said he was not liable as he was not of age. The ledger was posted monthly. He had no doubt as to the original contract. He had not seen Mack since.

The father of the defendant Wylie deposed that his sou and Mack had worked together at

bush work, but knew of no arrangement entered into by them as to purchasing the goods in question. This closed the case for the plaintiff. Mr. Allan, after some few remarks, said that the plaintiff was not entitled to anything beyond a few pounds, because much of the claim was barred by the Statute of Limitations. Charles Wylie deposed : Remembered October, 1868. Went to Logan’s store ; told him to let Mack have a few things, and would see him paid. Mack went with him. Plaintiff said, “ All right." Witness did not say anything about a partnership. Mack asked him to pay the account, amounting to £lO. He paid it. Mack was married. He lived in witness’s house. No claim was ever made upon witness. By Mr. Brandon ; He did not remember Mack writing orders. He might have received receipts on account of Mack. Could swear Mack never read receipts in his presence. Ho took no contract with Mack to split shingles and posts and rails together. Mr. Hume employed witness and Mack at 6s. a day each. He might have driven Mack's cart. He could swear that he and Mack never took contracts together. When he went to tho house lately occupied hy Mack he found some receipts. As his name was on these receipts, witness thought he could bo compelled to pay, and he offered to pay half of the amount. He was told Mack was in Auckland. Wallace said the scrip was no use to him. Ho never left the scrip as security. Wallace returned the scrip when he went for it.

William Beard, farmer, deposed : He knew Mack. He bought a horse and cart of Mack for £2O. Mack said he was leaving Wellington, and also something about bills becoming due.

Mr. Allan, for the defence, said it was very extraordinary that the plaintiff allowed the claim to go so long before attempting to enforce it ; and still more so on the supposition that Wylie was solely liable, and that, from the fact that so many years had elapsed, the whole case was involved in doubt; and contended, from the nature and extent of the goods supplied, that it was more probable that they were for the use of black, who was a married man, than for Wylie, who was single. Mr. Brandon, after remarking on the regularity of the transaction as far as the plaintiff was concerned, said that the evidence incontestably proved that Wylie had admitted his liability. With regard to the question of placing goods against an account as cash payment, the law appeared to be that where cash is paid by a debtor without specifying the account against which it should be placed, he may place it against auy account of the debtor’s he pleases. He also contended that the evidence as to the reality of the partnership was complete. The Bench, iu reviewing the evidence, said that the weight of the evidence preponderated in the plaintiff’s favor, and for the purpose of considering the amount of set-off, as well as the items alleged to be barred by tbe Statute of Limitations, ordered the adjournment of the case for a week.

An application was made by Mr. Allan, ou behalf of Dr. Can-, who was defendant in a case lately tried before the Resident Magistrate, for a rehearing, on the ground that he had an answer to the action both iu law and in fact. The application was made under the 50th clause of the Resident Magistrates Act, which empowers Resident Magistrates in certain cases to set aside judgment and execution. The Bench refused the application. In the case of Mclntyre v. Laurent, the parties were ordered by the Bench, on the suggestion of Mr. Allan, to file fresh counts; the case being adjourned till Thursday. Of the remaining four cases, one was adjourned, one withdrawn, and in the remaining two judgments were given for the amounts claimed, with costs.