RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1327, 14 April 1885, Page 3

RESIDENT MAGISTRATE’S COURT.

Geraldine— Monday, April 13, 1885. (Before H. 0. S. Baddeley, Esq., R.M.) CIVIL CABB9. Edwin Briscoe v. A. D. Macdonald— Claim £2 ; for work, at 20s per week.— Judgment for plaintiff by default for amount claimed, A. Morris v. J, J. Daily—Claim £67. A set-off for £6B lls 6d was put in. A. Morris, sworn, said, the amount of the claim was tor putting up a stable in accordance with specifications. To defendant; You have advanced me money on the cantract. 1 hare received £l2 10s in money and value from you. I endorsed an order on I). M. Boss for £lB 13s 6d m favor of Taylor and Flatman. The order (produced) in favor of R, H. Pearpoint on D. M. Ross foi £l4 17» 4d is not in the same state as when I signed it. There was no stamp o» it then, and it was addressed to Mr Daily. Mr D. M. Ross’s name now appears on it. I signed the order in favor of F. Parham on D. M. Ross for £2los 9d To the Bench : There is a balance duo of £lB 8s 6d. I was advised to sue for the full amount. To defendant: I have performed the contract in a workmanlike manner. To the Bench : I am not aware that the orders hive been honored. J. J. Daily: Plaintiff entered into a contract to build the stable and find all material for £67. The agreement states the orders are to be honored when the work is finished. The job is not yet finished, and it has not been done in a workmanlike manner. I have lost the use of the stable from the 20th March till to-day : 24 days at 10s per day—£l2. There is also £7 10s to ho deducted for bad workmanship, Jas. Dow ; I am a carpenter. I inspected the building in question and found the mortices were not put through its plates, and no collar ties were on. There ought to have been one on every second rafter, The feed boxes were badly made, and the weather boarding was also badly put up. 1 don’t consider the building at the present time fit for the purpose for which it is required, Some of the piles are over six feet apart. The Bench held the plaintiff had not proved his case and nonsuited him, R. Glass v. R. Williams—Claim £2 10s Bd. Judgment by default for plain? tiff for amount clapped, W, Postlethwaite (trading aa Tasker and Co, butchers) v. John Burke-Claim 1 £8 12a 3d for goods supplied.

Mr While for plaintiff, Dr Foster for defendant.

The claim was admitted, but the defendant pleaded that he had given satisfaction for it.

John Burke, sworn, said ; I am a wheelwright and have been carrying on business for five years. I was in difficulties in October, 1883. I brought my creditors together. Mr Fisher wrote the letters to them. I sent the Utters to Tasker and Co,, and several others. We met at Mr Farrell’s Bush Hotel. Mr Patrick appeared for Williams and J. V. Ward came fer Tasker and Co. Farrell was also present. I judged Ward appeared for them because he summonsed me for them.

Mr White objected to this evidence. It must first be shown that Ward was Mr Postleth wnite’s agent. This meeting was not a meeting called for the purpose of paying accounts, and Ward was only authorised to keep the books and collect money for Tasker and Co. Witness; Upon receiving the summons I went to see Ward, I asked him whether Mr Postlethwaite authorised him to summons. He said he (Ward) had the books and he had to collect Mr Postlethwaite’s money. Ward professed at the meeting of creditors to appear for Mr Postlethwaite, He also represented Trengrove, The account belonged to Priest and Holdgate. The subject of ray debts was considered at the meeting. The creditors asked me if I would give 7* in the £. 1 told Ward and Patrick that £7 was owing by Mrs Taylor to me on t dray. I paid £l2 along with this, as Ward told me the 7s in the £ would come to £lB 4s. This would pay all my creditors. I handed the money over to Ward as 1 understood he was appointed by the meeting to receive the money, I had an application for the dray but 1 did not give it up. To Mr White: There were creditors other than those who attended the meeting. I gave notice to all my creditors. 1 delivered the notices to them by post. There were about five. I kept no copy of them, and do not remember whether I read them or not. I paid Ward in notes; 1 think there were two five pound notes, I got £ls from Farrell. He had paid me in notes at different times. I had only about £l2 to get from Farrell at the time of the meeting of creditors. Berry, Ward’s clerk, was present when I counted the money out to Ward. I got no receipt when I paid over the money. Re-examined by Dr Foster: I paid the money to Ward about a week after the meeting. Berry was ia the outer room at the time. To the Bench : I got £4 odd from Mr Farrell when I went at different times to Timaru.

Alfred Fisher gave evidence to the effect that on behalf, of the defendant he wrote several letters calling a meeting of defendant’s creditors, and Tasker and Co, were included. Richard Berry ; I am an accountant. I was in Mr J. Y. Ward’s employment about eighteen months ago. He was then acting for Tasker and Co. I kept their books, One of Mrs Taylor’s sons came to pay some £3 odd to Ward. It was part of a £7 debt owing by Burke. I wrote out an 1.0. U. for the balance and the boy signed it. J have heard Mr Postlethwaite tell Ward to do his beat for his interests. Ido not remember when Mr Ward left Geraldine. To Mr White ; Ward had Tasker and Co.’s books. Ido not remember seeing any credit entries to Burke in the books since the meeting of creditors. Dr Foster, sworn, said; 1 personally know Mr Ward to be agent for Mr Postlethwaite in the matters of Tasker and Co. I have paid several sums to Mr Ward. My payments have been allowed since Ward’s departure by Mr Postlethwaite. I did not always get a receipt from Ward. I paid by cheque. I have seen Ward in this Court suing on behalf of Tasker and Co., with their books before him. I have seen Mr Ward appear at creditors’ meetings on behalf of creditors. Ward left Geraldine about twelve months ago, and he lost the agency about two months before that. To Mr White : Ward had no special written authority when he appeared in Court, merely a general authority. This ended the case for the defence. For the plaintiff Mr White called H. B. Webster : I have been manager of Tasker and Co’s butchering business for the last two years. I had sole management of it. Mr Postlethwaite did everything through me in regard to the business. I did not know until the last few months theta meeting of Burke’s creditors had been held. Ward bad no general authority to attend meetings of creditors, and none was given m Burke’s case. By Dr. FosterWe sued Burke and got judgment against him, and subsequently took out a judgment summons. This fact brought the case to a sudden close. As the Bench had no jurisdiction m the matter, the case haying been settled and heard before, the question of costs was held over.

The Courthouse was full during the day, a good deal of interest being taken m the case. The sequel of it was the cause of much merriment among those present.