RESIDENT MAGISTRATE’S COURT

Poverty Bay Standard, Volume III, Issue 238, 13 January 1875, Page 2

RESIDENT MAGISTRATE’S COURT

Gisborne, Tuesday, January 12, 1875. [Before W. K. Nesbitt, Esq., R.M,I BLAIR V. BRYANT. Claim £lO 16s 3d, goods sold and delivered. Case called, no appearance of defendant. Judgment for amount claimed and costs. o’MBAUA V. KELLY. Mr. Wilson for defendant pleaded nonindebtedness. This was a claim of £l5 amount of order drawn by one Brooks on the defendant. John O’Meara, sworn states: I received an order on Mr. Kelly for £l5, which was in compensation for an unfinished contract taken by Brooks. I presented the order to defendant who retained it and refused to pay the amount, although he had previously verbally accepted it. By Mr. Wilson: I vi as not to pay Burslam any money if the order was paid to me by Kelly. At this stage of the proceedings Mr. Wilson moved for a non-suit on the ground that there was no proof of acceptance by the defendant, and quoted authorities in defence of his opinion. The Bench supported this of the case and gave judgment for a non-suit with costs. mullooly y. Buhslam. Claim £5 14s amount of dishonored promissory note. Judgment for amount to be paid by instalments of 7s 6d a week with costs. O’MEARA V. BROOKS. Defendant was charged with using abusive and threatening language. Mr. Wilson for defendant, pleaded not guilty. John O’Meara, sworn states: On the morning of the 30th December, defendant came to me and asked “ what about Kelly’s order?" I said, “ well, what about it,” and requested him to be more temperate in his language. Smith and Waters were present. Mr. Wilson said he was instructed to deny the charge, there were no witnesses present, and he would leave the case in the hands of the Bench. Fined £1 and costs.