R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 192, 25 July 1884, Page 2

R. M. COURT, GISBORNE.

THIS DAY. (Before J. Booth, Esq,, R.M.) J. Wall ice v. Hone Ruru. Adjourned for a fortnight. C. Smith v. T. Hamilton. Claim £lOO, commission for negotiating the sale of Bushmerc property. No appearance of defendant. Mr. Kenny for plaintiff. The plaintiff gave evidence to the effect that the defendant had offered to pay £9,000 for the Bushmerc property, and had refused since to carry out his agreement. Judgment was given for the amount claimed, with costs £5 3s. Ward & Kenny v. C. Webb. Claim £34 19s. Bd. for bill of costs. Mr. Ward explained that a set-off had been put in to the amount of £6 Ils. 3d., of which they admitted £3 4s. 9d. Mr Watson for the defendant. H. E. Kenny—l was a member of the firm of Ward & Kenny. I was employed in several cases by the defendant in an action of libel. He gave me instructions several times to act for him. I was not retained by any other person. On the 16th July, 1883, I find entries [in my diary which show that I received instructions to defend a libel action against Captain Kerr and the defendant. To the best of my knowledge and belief the items in the bill of costs are correct, and they are reasonably charged, as the case was a very heavy one. To Mr. Watson—Other proceedings were taken at this time against Captain Kerr. He asked me to act for Mr. Webb in all these cases, though I don’t look to him for payment. In all instances Mr. Webb is charged. From the first he has been charged against. I had no written retainer from anyone. I consider the charge reasonable. J. Cresswell deposed—As to the items down to the Ist. of September in the set off are correct, and amount to £3 4s. 9d. The balance is due to Porter and Croft, who took over the defendant’s book debts. None of these charges against Mr. Webb are charged to Captain Kerr.

C. H. Webb deposed—ln July 1883 I was the printer of “ Facts.” Criminal proceeding were then taken against me by Mr. Rees and Mr. DeLautour. Proceedings were also taken against Captain Kerr. When I got the summonses in these actions, I showed them to Captain Kerr, and he asked me if 1 would like to have a lawyer. I said no, I was told that Mr. Rees did not want to get at me. I did not instruct Mr. Kenny to act for me. He came to me one afternoon told me not to appear in Court, but to go to his office. I never did instruct Mr. K6ftny. Captain Kerr instructed Mr. Kenny to act in these actions. I never told Mr. Kefthy io look to Captain Kerr for payment. J. G. Hendeison deposed-—I was interested with Captain Kerr in a MJWspaper called “Facte,” When these summonses were' served Captain Kerr went 10" the plaintiff's offices.

J. Baldwin deposed—l was not connected in any way with •' Facts.” When this action was taken Captain Kerr informed me that the defendant was not to be held responsible. He himself had engaged counsel to act in the matter.

Mr. Watson submitted that the plaintitf had not proved the defendant liable for the claim.

His Worship said from the evidence he could not take any other course, other than to giveiudgment for the amount claimed, and allow the portion of the set off, £3 4s. od., with costs of Court, £llos. McKay v. J. Hanlan, Claim £l3 14s. lOd. for board and lodging, and cash lent. Mr- McDougall for plaintiff, and Mr. Rees for defendant. His Worship nonsuited the plaintiff. J. Warren v. W. Walsh. Claim £lO as license of a certain slaughter house at Makaraka. The defendant contended that he waa not liable, as he was not the perion using the house, but another person was, and he really should find the license money. Judgment was given in favor of the plaintiff, with costs of Court 10s. M. G. Nasmith v. W. Kmght’s. Claim £9 12s. Bd. for goods received. The defendant paid £7 6s. Bd. into Couit, but disputed the balance. Mr. Rees appeared for the defendant. Judgment was given for the plaintiff, with costs.