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RESIDENT MAGISTRATE'S COURT, TE AROHA. Tuesday, Nov. 22, 1887. (Before H. A. Stratford, Esq., R.M.,

.1. Gourd v. J. B. Sr.ith. Claim £100, wages for work done in " Success" Mine, Waiorongomai. Mr Lush, Thames, for plaintiff. Defendant appeared and asked for an ar jouinment. to tidinit of the presence of his solicitor, Mr Miller. His Worship susrcrested that it might facilitate uidtterK if (he case were heard at Thaim-^, wherp the seiviee" of a solicitor would be available any day. Defendant paid he was willin? that the rase should he heard at theThame*, and Mr Lu«h consented to an adjoin nim-ut to the •hinivs. c.xf-r.to he Ivnul on Monday next, theiJSih in«st M wovided £10 co«u urnforthwith paid by defendant for plaintiff's expend to date. mid fnrtiavellinsr expends to and from Thames. The costs weie paid and the adjournment "ranted. Official Assi<rnee in Bankruptcy v N. Cleary. Claim £8 for hoard ,nid lodging. Mr'W. Gr«v, fhief clerk, appeared oiTbehalf of plaintiff ; but wjjv unable to produce any authmity for actinc, h-vond statins he' had dono so pr-vi-iusly on behalf of the A^si^neo both at Warkwo'.th and Helens\ ille. Tli^ Wor-hio : Plaintiff 7.m~t nopd.ir in person or by a Solit it->r >»r Banister of tlio Supreme Court ; u-des^ undf-r special ciroumstanr^R, wln-n s><>m<i prison has been duly authorised in writing to act on his behalf. To Mr Gray .-—The Law does not permit me to allow you to act. Mr T,u<=b, solicitor, was then instructed by Mr Grey, to appear on behalf of the Assignee, and the case was proceeded with. The defendant pleaded, not indebted, and to save trouble admitted Jas. Warren was a bankrupt, etc. Ja^. Wairen (sworn) stated ho knew the defendant, who was indebted to him for £7 or £8 at the time of his bankruptcy for board and lodging ; the books would show the exact sum. In reply to defendant he statpd h* could not remember the date upon which he last paid him. The payment referred to was, however months before his bankiuptcy and would in no way affect the present claim. Defendant on being sworn, stated : Tn July, 1886, I settled up with Warren, and to the best of my belief paid him L 4, and two other sums of £5 each, unfortunately I have lo^t some of my receipts. I wish to show also that in December last I was hilled for £17 by the Assignee but now he only sues for £8. 1 have paid Wauenall I owe him. The last bill of particulars sent me is wrong, being- at the ratu of 30s. week instead 255. I only owed Warren 25r in July 1886 ;at th.ttime J marked off a claim up hill, and in consideration of a halt: share in the claim, Warren agreed to cry quits, and also to allow me 25s per week towards, the coat of woikincf fhe claim, Ilia Woi'bhip ruled that the verbal arrangement rtferred to by defendant could not be now taken into consideiatrri. Jndument for plaintiff at the rate of 25 I}>er tt'celc. viz, for £6 12s 6d. and costs. Lxecution was stayed for one month. Official Assignee v. Charles A. Cooper : Claim £2 5s for drinks. No appeal ance of defendant. Mr Lu^h, solicitor for plaintiff. Jns. Warren wa.< sworn, and proved the debt His Worship said : The debt having been incurred for diinkß, plaintiff could not recover. Mr Lush : Thoio is nothing? in the Licensing Act to prevent nny person lut an innkeeper from recovering a debt such hh tiiin. Iv this case it in the Official Assignee who wies for tho benefit of tjie creditor*. His Worship- remarked ho could not hold with Mr Lush's argument, and he had raised a novel plea f >r obtaining judgment., however he was willing V) affoid him every opportunity to pioduce any mithoritiep he cotild in Mippmt of hifl contention that the A«Bigncp could lecover a debt A'hich the Inw debnired the bankrupt from recnveiin/r, even prior to his baukiuptoy Adjournmi to December Cth. Official Assignee v. Holden, eenr.— Claim £5 13s f«»r rcfrei-hment^ mppjiwl. No appearance of either party. Case struck out.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TAN18871126.2.14

Bibliographic details
Ngā taipitopito pukapuka

Te Aroha News, 26 November 1887, Page 3

Word count
Tapeke kupu
690

RESIDENT MAGISTRATE'S COURT, TE AROHA. Tuesday, Nov. 22, 1887. (Before H. A. Stratford, Esq., R.M., Te Aroha News, 26 November 1887, Page 3

RESIDENT MAGISTRATE'S COURT, TE AROHA. Tuesday, Nov. 22, 1887. (Before H. A. Stratford, Esq., R.M., Te Aroha News, 26 November 1887, Page 3

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