MAGISTERIAL.

Patea Mail, Volume IX, Issue 1116, 23 November 1883, Page 2

MAGISTERIAL.

PATE A—THIS DAY,

(Before C. A. Wray, Esq, 8.M. ) civil. CASES. Taplin v Lawrence —Claim, £4 19s 9d, goods supplied. Judgment for plaintiff, by default, with costs Bs. Howitt v Wilson— -Claim, £2 4s 4d, bread supplied. Judgment for plaintiff, by default, with costs Bs. Irwin v Pearce —Claim, £6 19s 6d. Mr Adams, for plaintiff, said the claim was for wages. The plaintiff, after working for defendant some days, applied for his wages, but was refused them. Plaintiff then left, but sent again for bis tools. Mr Pearce, however, refused to give them up, and £2 damages were claimed. Plaintiff in his evidence enumerated'the days on which he bad worked for the defendant doing carpentering and painting work. He left because he could not got bis wages. He sent for his tools altowards, hut Mr Pearce refused them up.—ln cross-examination by the defendant, the plaintiff stated he was not working out a debt of £5 on this" occasion, although he admitted haring been indebted to Mr Pearce for £lO, which, however, he bad worked out.

Mr Pearce pleaded in defence that the plaintiff was indebted to him for £5, and had promised to do work to that value. He had never refused to allow the plaintiff to take away his tools. Mr Adams said that even if the plaintiff owed the £5, Mr Pearce stated that that debt was incurred in March, 1877, over 6 months ago, so that the plaintiff could plead the Statute of Limitations. Besides this, the plaintiff had filed a declaration of insolvency some time back.

His Worship said that if Mr Pearce wished to recover the £5, be would have to bring a fresh action for that amount. The Court would give judgment in this case for the amount of work done £3, with costs sl.