RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1771, 25 July 1873, Page 3

RESIDENT MAGISTRATE'S COURT.

♦ — ■ (Before H. M'Culloch, Esq., R.M.) Tttb day, 22nd July. Duncan Campbell, charged with driving his coach on the footpath in Tay-street, was fined £1. and £1 11 b6d costs. Walker v. Mayo. — Claim for £72 8s 9d, value of two cheques left with defendant in March last. Mr Wade appeared for defendant, who had filed a set-off of £75 16s for cash paid on plaintiff's account to amount of about £20, and the balance for board, lodging, cigar?, and drink supplied. The facts were these : — Plaintiff came into Invereargill from the Burwood station on Ist March last, went to the Albion Hotel, deposited two cheques with defendant, the landlord, as admitted, and remained in the house 28 days. The result may be easily anticipated. There was a good deal of champagne shouting, and cigar smoking, as many as 114 cigars being down in the bill as one day's consumption. A witness for the defence proved that Mr and Mrs Mayo, in his hearing, refused drink to plaintiff, and that he was " shouting" extravagantly. The case turned upon the question as to the purpose for which the cheques in question were given, and His Worship said he was satisfied they had been lodged with defendant to hold against any account plaintiff might run up in the house. The quantity of drink charged had been enormous, and between five and six hundred cigars had been supplied within a month. A witness had sworn to the refusal of defendant and his wife to supply drink, but that refusal appeared to hare been but an occasional or accidental one. He would allow defendant's bill, subject to such deductions as could not legally be claimed. The account being adjusted in this way, left a balance of £2 17s 9d due to plaintiff*, /or which judgment was given next day in his favor, each party to pay his own costs. 'Walsh v. Trotter.— Claim for £49 12s, being £19 12s for work done, and £30 in addition for breach of contract. Mr Wade appeared for plaintiff, and Mr Macdonald for defendant. This case occupied a long time, and was shortly that plaintiff, in conjunction with two others, agreed to erect a sod wall at Bakahouk Bush, the estimated length of the wall being 250 chains, and the price 12a per chain. About thirty chains of the work having been completed, defendant wished for a temporary stoppage of the work to make some deviation to include other land which he wished also to enclose. Plaintiff became angry, and the result was the work was not proceeded with. Defendant was willing to pay twothirds of the amount due for the work completed, and to retain the remainder, as he was entitled, under agreement, until the job was finished, and had stopped the work simply because the fence was upon a wrong line. He had not prevented its completion, and its non-complrtion was a loss to him. His Worship held that there must be a nonsuit, plaintiff having failed to prove that he was prevented completing the job. Plaintiff was accordingly nonsuited, with costs, £2 Is. Coehran and Blackwood v. Campbell. — Claim fcr £46 4s lid, amount of dishonored cheque. Mr Wade for plaintiffs. Mr Harvey, on behalf of defendant, advised the Court that defendant had filed a declaration of insolvency on the 21st instant. Judgment was given foi plaintiffs for amount claimed, and costs, £3 7a. Froggatt and Patersoti v. Brown.—- Claim for £3 3s Id, butcher's meat supplied to defendant's saw-mill on the Bluff road. The defence was that the meat in question, if supplied, of which the defendant professed to know nothing, had been supplied without authority from defendant, and that consequently he was not liable. At the time of the supply, as given in plaintiffs' particulars, defendant's cook was boarding the workmen under a contract, but this arrangement fell through, and defendant assumed the responsibility of payment to some tradesmen to whom the cook had become indebted, but of plaintiffs' account he knew nothing. It appeared however that on two occasions he was present at the delivery of the meat. This he however explained by saying he thought at the time it was Saunders's man making delivery. It was also proved that defendant's manager opened the account at plaintiffs', and that his certificate of correctness bad been obtained to the bill, which had been given to defendant in accordance with bis intimation that he would pay it if such were done. Judgment for plaintiffs, with costs, 9s. Smyth v. Fainoeather. — Claim for £12 17s lid, being £11 13s Id goods supplied, and £1 4s lOd interest. Judgment was given for the amount claimed, less a part of the interest accruing before plaintiff had announced his intention to charge interest. Plaintiff wished that the interest allowed him might be put into the Hospital box at the Court when paid. WEDNBBDAT, 238 D JtTLY. White v. Glen. — Claim for £3 3s for services of an entire horse Judgment tor plaintiff for amount claimed, with costs, 9s. Thursday, 24th July. Daniel Sinclair was charged with allowing offensive matter to remain upon his premises in Tay-street. The Inspector of Nuisances asked to withdraw the charge, it having been decided in a previous information under the same circumstances that the Bench had no jurisdiction. It was stated that the nuisance had been abated. Wilson $Co v Mice.— Claim for £15 13s lOd. No appearance of defendant. Judgment for amount claimed, without costs, application to defendant for payment not having been made before taking out summons.