RESIDENT MAGISTRATE’S

Poverty Bay Standard, Volume I, Issue 25, 22 December 1883, Page 2

RESIDENT MAGISTRATE’S

CO UKT.—GISBORNE. FRIDAY. (Before J. Booth, Esq., R.M.) J, EABT V. COOPER, His Worship reserved judgment in this case, in order to consider Mr Kenny’s objection as to the validity of the deed of assignment. He (his Worship) admitted the validity of the deed. The point raised by Mr Kenny that the sum should be tilled in did not affect the validity of the deed. He would, therefore, give judgment for the amount, less £7 10s for driuks, and costs £0 18s Ud. WARD V. TUTA NIHINIHO. Claim £3B on a dishonored P. N. payable on demand, signed by the defendant in favor of plaintiff’. This was money lent, Air Kenny appeared for plaintiff and Mr DeLautour for deieudant, who said he would be content with a judgment. J udgment was, therefore, given for plaintiff for the amount and costs, £4 os. fid. RICHARDSON V. WRIGHT. Claim £2 on a judgment summons. An order was made that the amount be paid on or before the Bth day of January, 1884, in default three days’ imprisonment. COMMON AND CO. V. MULLOOLY. Claim £l5 ss, for the supply of wire. Mr. Nolan for plaintiffs, and Mr. Finn for defendant. F. J. Shelton was called, and gave evidence to the effect that the wire, 15 or 17 cwt., was supplied to the defendant and forwarded for him to Awanui. Mr Finn asked that all witnesses might be ordered out of Court. Mr Nolan said that there was only one witness, and that was one of the plaintiffs. Mr Finn asked that he be ordered to retire, $ His Worship thought that Mr Finn must have a very poor opinion of Mr Common's (the plaintiff) honesty. Mr Finn said it was not that, but he was acting for his client, and did it in his interest. After more wrangling Mr Common left the Court, but returned again shortly. Examination continued— That the wire was delivered to Mr Mullooly at Awanui. That he was not there at the time. He was sure it was received, as Mullooly told him so. Mullooly paid the freight of the wire, because he swore to it. It was after the letter was written by Mr Common that the wire was sent. He did not know that the wire was sold by O’Meara. W. Common corroborated the former’s statement. W. O’Meara stated that about the month of September, Mullooly asked him to buy some wire, which he understood he had got from Messrs Common and Co. He refused to buy the wire. The wire was at Awanui.

Mr Finn submitted that the plaintiff should be non-suited, as there was no evidence of the delivery of the wire. The letter he produced from Mr Common showed clearly that the wire was forwarded to him by mistake.

His Worship read the evidence of Mullooly, which went to show that he was acting as agent for Messrs Common and Co. in the sale of wire.

His Worship thought the circumstances he must take it that Mullooly did take delivery of the wire. He would, therefore, give judgment for £l5 ss, less £2 10s paid into Court, aud costs of Court £1 7s, counsel’s fee and witness’ £1 18s 6d;