RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1325, 5 July 1883, Page 3

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

[Wore J. Booth. Esq., R.M.j Tuesday, July 3. DRVNKEfrxESE. — John Fftgftn was charged with drunkeness, arid fined 10s, or, in default of payment, 24 hours' imprisonment. CIVIL OASES. Watts v. ITonE. —Enlarged. F. SMldicobn v. F. KkippSeß.i— Claim £6 for a horse sold,- Judgment by default for amount, with coats: Cooper v. Ditchings. —Claim £7. Paid into Court. Teat ano Friar v. Cooper — Mr Rees appeared for plaintiffs, and Mr Brassey for defendant. —Adjourned. Hospital Commit Etc v. Staguh. Claim £4. Judgment by consent for £4 10s, and costs Ils. Same v. Mountford. —Claim £l. Judgment for amount, and costs Its Wainhay v. Donaohue.— Claim £lO 7s 6d. I’he defendant had left the Bay, and was in Auckland. Mr Gruner gave evidence of service, and spoke as to defendant’s means. Mr A. Graham proved that the defendant was in receipt of an annual income.— Order made to pay in three weeks, in default, 21 days’ imprisonment. D. G. McKay v. R. Cooper.— Claim £47 Os 2d.—Mr Kenny for defendant. Judgment by consent: £2O to be paid forthwith and the remaining £27 0s 2d on or before 6th November, in default, one month. Adair v. Joyce.— Claim £8 9s 2d, Mr Brassey appeared for plaintiff and Mr Finn for defendant. On opening his case, Mr Brassey complained of the number of adjournments which had been granted in this case, and submitted that His Worship should require proof as to the necessity for adjournments before granting them His Worship said that if a solicitor asked for adjournment, stating as his reason that his case was not complete, he should certainly grant it. Mr Brassey said the facts of the case were most simple. A man named Kidd, in the employ of the Southern Cross Petroleum Company, owed several tradesmen money, which Mr Joyce undertook to pay, and Kidd gave Mr Joyce an order on the Company to receive all monies due to him from the same. Mr Adair was a creditor of Kidd’s, and Mr Joyce had signed an agreement to pay Mr Adair half of all monies received. He first called Mr W. Adair: Knew Kidd, who was indebted to him in the sum of about £lB or £l6. In February last Kidd was working for the Southern Cross Petroleum Company. Knew Mr Joyce was to receive Kidd’s wages, as he had paid some of Kidd’s debts. Mr Joyce had an order on the Company. Kidd owed him £l9 and Joyce £lB This was a letter [produced] which Mr Joyce signed, agreeing to pay witness one half of all the monies he received from Kidd. Since then Mr Joyce had admitted receiving £l6 17s 4d, and had refused to pay the half over to him.

Mr Finn here took exception to the agreement, on account of the stamp being irregular. Objection over ruled. By Mr Finn : Gave no consideration to Mr Joyce for that agreement. By the Court: Had received that order [produced] from Kidd, ordering Mr Joyce to pay witness £2O on Kidd’s account. Thought lie had shown Mr Joyce that order, but could not swear. To the best of his belief lie had. Thought he had. Mr Finn submitted that tho plaintiff must be nonsuited, and quoted several authorities in support of this view. As no consideration whatever had been

given, tho agreement must b<- Vcul. The Court over-rulibl the ohjech'oii Mr E. P. Joyce : Knew Kild, tin iht; frth October, 1 bb»2, Kidd was indebted to him in the sum of £JB. Kidd was summoned just as he was about to leave for the Coast; when he iislied'Vitness to pay that account and several others, and he would then give him an order to receive all nWtie.v hue to him until the debt was liquidated. Took the order to the secretary of the Company, who accepted it; and referred him to Mr Adair and Mr Maude for payment, Mr Adair refused to pay him unless he gave him half what, lie received, and promised that if he did so he would keep Kidd in work until the whole debt was paid He then signed the letter produced, and received £ll, t lie half of which he .paid to Mr Adair. Kidd never authorised him to receive money for Adair. lie was authorise! to receive all Kidd’s money I iiat order produced was from Kidd to him. In February last he had a conversation with Adair. Never Saw that order of Adair's before, or heard of it. It he had he would not have paid it, as he never had the uioiiey, Mr Adair and Mr Maude were both directors of the Company. Mr Adair drew £5 which belonged to him. Mr Piesse would not pay the money without Mr Adair’s authority He signed the document ment to Mr Adair on the understanding that. Kidd was to be kept on the works until both debts weredischarged. His word was as good as Mr Adair’s. Had never received money from the Company for Adair, nor did Kidd tell him to do so, nor the Company. Never received any money for Adair's use. Mr Adair, recalled : Never made a promise to keep Kidd on until the debt was paid. By Mr Finn : T never re instated Kidd. All the hands were discharged for a time. Mr W. Maude: Was present when the letter was signed by Mr Joyce. Mr Piesse was present also. Could not remember any other agreement being made at the time. Was much annoyed at Mr Piesse accepting the order without consulting the direeiors. By Mr Finn i Did not remember Kidd being discharged. Did not remember threatening to discharge Kidd. Said the best way to get rid of the bother was to discharge Kidd. After the Court had been addressed by Mr Brassey and Mr Finn Judgment, was deferred until next Tuesday.