RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1443, 19 December 1885, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Thursday, Pro. 17, 1885.

[Before J. Beswick, Esq., R.M.] CIVIL CASKS. Judgment by default was given in the following cases : J. Marshall v. Albert Leonard, claim L2 7s 5d ; J. W. Miles y, Fowler, claim L 5 Ss 8d ; J. W. Miles v. Solomon, claim LI 16a 4d ; J. W. Miles v. Tommy Walker, claim L2 14s JJd ; and J. Langskail v. A. Leonard, Claim LI 15s. In the last case Mr Aspinall appeared for the plaintiff, Moore v. Grant and Quinn —Claim LlO lOi. Mt Aspinall appeared for defendants. In this case the plaintiff was an employee of the late firm of Thomson and Smith, which firm in October last assigned its estate to Messrs Grant and Qninn, and the plaintiff now sought to recover from the firm the above amount due to him for wages. Mr Aspinall urged that the plaintiff sued the wrong parties, and that the proper parties were Messrs Thomson and bmilh.

The plaintiff gave evidence to the effect that the week after the assignment he saw Mr Grant on the subject and he said be would see about paying him. He subsequently saw Mr Quinn, who wanted him to come in as a creditor, Mr Quinn promised to see Mr Grant about it’and let him know, but be never got any answer since.

His Worship said his proper course was to summons Thomson and Smith.

Friedlander Brothers v. iSiegert and Fauvel.—This was an interpleader summons which was adjourned for a week. W. Randall v. C.. Story—Claim L 9. 17s 6d. Mr Raymond appeared for plaintiff and Mr Tosswill for the defendant.

In this case, the defendant employed (be plaintiff to travel a bores for him in the Waimate district daring the season of 1884, and the plaintiff now sued for the amount claimed for work and labor done in that capacity. The defence was that the plaintiff got drank and neglected the horse ; that be neglected bis work ; that he agreed with owners of mafes for less than the amount he was instructed to charge ; and that he was guilty of other irregularities.

After several witnesses were examined and counsel bad addressed the Court, His Worship said that evidently Story was at a lost of L 27 through the man not having attended properly to his duties, that instead of money being due to Randall the fact was he bad been too well paid, and on this ground gave judgment for defendant with costs. The Court then rose.