RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 976, 7 September 1881, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

[Before M. Price, Esq., R.M.] Graham & Co. v. Wi Tako. Claim £2. Judgment for plaintiff. County Council v. Bristie. Claim £5 for rates. Judgment for plaintiff. M. Mullooly v. Apiata Te Hami. Claim £62 10s, amount of dishonored P.N., and interest. Mr. Finn for the plaintiff; Mr. Rees for the defendant, pleaded not indebted, and that the claim Fas largely composed of spirituous liquors. The plaintiff gave evidence of the indebtedness, and swore that his claim was solely for goods sold and delivered. Cross-examined by Mr. Rees : I gave defendant cheques for £5O, but cannot swear they were for the Bill before the court. Ido not know if the amount claimed contains items for liquor supplied. A. W. Croft, ledger keeper at the Bank of New Zealand, proved the presentation of the Bill at the Bank, at which the defendant had no account at the time. For the defence the defendant swore that he had dealt with Mullooly for some time. He got money from Mullooly. The Bill for £5O was to confirm his debt for rent. Witness conflicted very much in his evidence at some length, and at last said the claim was for grog and goods. Mullooly never made out any account against him. When the defendant was going to Napier he asked Mullooly for £7, and then he gave him the Bill. Ultimately he declared that he knew nothing at all about the Bill. Cross-examined by Mr. Finn : I had goods before signing the Bill, and some grog. I had clothes, but they were included in another account. I think I have given Mullooly another Bill. I don’t know the amount. The witness continued to contradict himself in so intricate a manner, as to call for remark from His Worship, who said that, however great his desire was to put a stop to the practice of supplying Natives with spirits, and then getting cheques and bills from them, he did not see that sufficient evidence was adduced to sustain a verdict for the defendant, and gave judgment for plaintiff, with costs. J. Sharp v. A. Cuff. Claim £8 6s. for wages ; £6 6s. had been paid into court. Mr. Finn appeared for the plaintiff, and after much argument with the Bench, accepted the amount as yuan/wm meruit.