POLICE COURT.

Colonist, Volume III, Issue 269, 18 May 1860, Page 2

POLICE COURT.

Monday, May-14. (Before the Resident Magistrate.)

J. Marsden v. A. Lawson, £5 7s. 6d. Judgment for plaintiff, with costs. J. Levien and Co. v. H. Midgly, £3 10s. Judgment for plaintiff, with costs, to be paid in three weeks.

Travers v. Kinsett, £20. —Mr. Travers sworn : In 1859 purchased of Kinsett some barley. Took, the sale note produced. Kinsett delivered 250 bushels, but he did not deliver the remaiuder. Requested him to complete his contract; the agreement was for 500 bushels, more or less. Have been compelled to buy malt at a higher rate in consequence of non-delivery of barley. Paid 7s. 6d. and Bs. for malt.

T. Kinsett sworn:'. In October last delivered plaintiff 240 bushels barley, which was the amount of two acceptancis. Travers promised.to pay M £ Hodgson theamouatof'th Si acceptanoe, and :hau not done it. Delivered the barley to Mr. Blyth for Mr. Travers,, and told him so, and that there were twenty-eight bushels more. 'Mr* Trave 8 said he would not take itj he would have no more. Agreed to this. Understood he did Wt want &lW

'more—that is ho w I understood him. He-never "asked for the remainder till April last. Had'a good deal of trouble about the money for the first lot. In the early part of April the money was paid. ,Had a little before that to deliver the barley.. Don't know date of letter. ; Cross-examined;: Nothing took place between myself and Blyth as to the quality ofthe twenty-' eight bushels. He did not say it was not good— he said it was not so good as the first lot. The 28 bushels did not come to Nelson in one load. Had 200 bushels remaining at the time. Sold a great deal since to different people. Had sold none" before. It was not,because it was not good malting barley that Mr. Travers refused to take any more. 'Blyth said if Travers would not take the 28 bushels, he would malt it for me. He did so, and it made good beer. Never told Blyth I would not take the barley because it was not good for malting. Believe he did not say it was not good malting barley. Inconsequence of the absence of witnesses for plaintiff, a nonsuit was taken.

Peat and Thorntons. George Lane, £9 10s., for goods supplied. Judgment for plaintiff.

W. Wilson v. T. P. Berry, £20, overdue acceptance. Judgment for amount. T. Snow v. J. Ringer, £20, dishonored acceptance. Judgment for plaintiff. ~