MAGISTERIAL.

South Canterbury Times, Issue 2965, 26 September 1882, Page 3

MAGISTERIAL.

TIMABU—THIS DAT. „ 1 [Before J. Beswick Esq. E.M., H. Bel- ’ field, and T. W. Hall, Esqs.) . : , CIVIL CASES. = f In the following cases judgment was given for plaintiffs for the amountsclaimed, with costs :—White and another v. George Meredith, claim £1 Is ; Hammond and Lovegrove v. George R. West, claim.£9. The following cases were adjourned for' 7, daysTosswill v. Wm. W. Taylor, claim. £l4 15 3d ; White and another v, D. H. Barclay .(judgment Binmnone) claim £29 7s 7d; W. C. Beswick v. Wildie, Allan, and Stumbles, claim £75165. ‘ ' T Creditors’Trustee in the estate of J. M. Shepherd v. W. Parsons, claim £2O. Judgment was given for plaintiff for amount claimed and costs. White and Jameson v. Harris (judgment summon), claim £3l6s 4d. The Bench ordered defendant to pay the amount and costs at the rate of ten shillings per week (the first payment to be made on October. 3), in default 14 days’ imprisonment. E. Cornish v. W.. Coram, judgment summons—Claim 19s 3d, balance of account. . , Defendant was ordered to pay the amount and costs at 6s per weSk,, In default seven days’imprisonment. Godby and Tosswill, v. Frederic Adolphus Slow—Claim £ll Iss2d. Mr White for plaintiffs. This was an account for professional services rendered, extending from August, 1880. ~ Defendant, who conducted ms own case* objected to several items. Finally, after hearing evidence, His Worship said this was a case in which a person in trouble readily availed himself of the services of a professional man, but was indisposed to pay for it afterwards. - Judgment would be lor the plaintiffs; for the amount claimed, with costs. ‘ ' Hugh Outhbertson y.. Alfred Surridge —Claim £8 2s, balance of account for rent. As it appeared that-defendant .was an uncertifioated bankrupt,- the Bench nonsuited plaintiff,.without, costs. Gow and i Griffin* Henderson and Hayes—Claim £lB 13a 4s, balance of’a building contract; r. , . .~ Mr Hamersley appeared for plaintiffs, Mr Porsterfor’defendants. The defendant, while admitting the account, pleaded as a sot off certain liquidated damages, and it was warmly argued between counsel whether a defendant oh an action arising ex contractu can plead as a set-off liquidated damages. After a prolonged His Worship gave judgment for plaintiff, for the amount claimed, with costs, execution to be stayed until the law point raised by defendants’ counsel could be argued and decided in a fresh action; ‘ D* McGuinness v, J. Joberns, claim £62 18s 2d. ; Mr Hamersley for plaintiff, Mr White for defendant. This was an action to recover charges for board and lodging to defendant and his nurse when the former was ill with fever. The sum of £32 2s 2d had been paid into Coart, but its acceptance was refused. ' ' ■' ■ ; D. McGuinness stated that the charges he had made were usual and reasonable,.’and a " good /deal of.. eNtra trouble was entailed upon him. P. Maointyre deposed that he had professionally attended the defendant who was lying at. the Ship Hotel suffering from typhoid fever. Tms disease was hardly infectious. Mrs Hudson; housekeeper at the Ship Hotel, gave evidence as to the accommodation and attendance supplied to defendant. Henry Taylor, of. the Queen’s Hotel, was called to prove the reasonableness of the charges.; . ' . This was the case for the plaintiff. For the defence Mr White called J. Jobberns, defendant, who gave an account of the accommodation he had at the Ship hotel when ill. He said he was placed in a cold miserable damp room.. There was so much noise in tne house that if he had stopped there, he would now have been in the cemetery. He got far better care and attention at the Queen’s Hotel. To Mr Hamersley—l do not see why the doctor should know the place was unsuitable. He did’nt sleep in the bed. The room was right over a cellar full of water. I believe the room was on the second storey. I think I wish to withdraw that statement about the cellar full of water. Mary* Dunn, nurse, who attended defendant, gave an account of the accommodation at the hotel, and her duties.' She and the patient went to the Queen’s, because it was a quiet; k°George Nawey, licensed victualler

gave his scale of charges, which appeared to be below those at the Ship. To Mr Hamersley—l have never had a fever patient; if I had I should charge higher rates. My rooms will bear inspection, Sir. Theatrical people do not often use my house. John Meikle, proprietor of the Grpsvenor Hotel, said he should charge £2'2s per week for board, and 6s extra for sitting room. To Mr Hamersley—l should not take typhoid fever patients in. I would not, perhaps send away a regular customer, but,l certainly would not take strangers in when suffering from fever If I could help it. Commercial travellers are the best customers we have. They have the best of everything. Alfred J. Parsons, licensee of the Club Hotel, thought, two guineas a week enbngh with 6s per day fov the sitting room, and £1 per week for the servant. These would be his charges in a similar case to that in dispute. To Mr Hamersley—l have had a sick guest. A gentleman once died in my house, after several week’s illness. I would not charge more than I have said. His Worship said the Bench considered the charges exorbitant and gave judgment for the amount paid into Court' viz., £33 2s 2d. Woollcombe and another v. MoKibbin claim £43 3s for commission. Mr Reid for plaintiffs. Mr Hamersley for defendant, It appeared that plaintiffs negotiated a loan for the defendant of £I2OO, which the defendant had not taken up.

George F. Ciulee, one of , the. plaintiffs, ga?e evidence of the transaction. Donald McLean, auctioneer* said he was present at the. transaction, and the defendant had afterwards admitted having made the arrangement ' with plaintiffs. Robert Stewart’ also gave evidence. For the defence, Mr McEibbon said he did not get a positive answer from Mr Ciulee, and in the meantime he Was getting money elsewhere. His Worship gave 'judgment for plaintiff for £22 without costs. _ , J. Bradding v. W. Stanton, claim£lo damages for shooting a dog': Mr Hamersley for plaintiff ; Mr Jameson for defendant. Judgment for plaintiff for 20s.