RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2151, 17 January 1891, Page 2

RESIDENT MAGISTRATE'S COURT.

Geralmne—Tttbsdat, Jan. 13, 1891. [Before 0. A. Wray, Es*., B.M.] CfiTUi CASES. T, Twisrg v. H. P. Jones—Claim £2013a 11?, for goods supplied while plaintiff was in business at Hilton. Mr Wilson Smith for plaintiff. T. Twigg, swern, said he was in partnership with TS. Dunlop in a store at Hilton, and supplied the goods to defendant, The partnership was afterwards dissolved, and the witness took over the book debts as part payment for his interest in the business.

In reply to His Worship plaintiff said there was an agreement made between himself and Dunlop for him to take oyer the book debts, but no legal assignment bad been made. N. Dunlop, sworn, said he waß a general merchant at Geraldine. He formerly had a store at Hilton, and in that store Mr Twigg was a partner. Witness and Twigg dissolved partnership with regard to the store, Twigg taking over the book debts. Theie was an agreement that Twigg should take over the book debts, but no legal assignment was made. Defendant maintained that he purchased the goods from Dunlop and Co., and refused to recognise plaintiff in the matter. He looked upon plaintiff as merely a servant of Dunlop's, and asserted that he had paid part of the amount to Dunlop since the dissolution. He claimed a nonsuit on these grounds. His Worship said plaintiff had no legal standing. There had been no legal assignment of the book debts, and the plaintiff should be N. Dnnlop and Co. He explained to defendant that if a nonsuit was granted the case would be brought in a different form, and advised him, if he owed the debt to Dunlop and Co., to pay it, so as to save himself extra expense.

Plaintiff was nonsuited. Geraldine Road Board v. Poster Bros. —Claim £5 8s lid, for rates. Mr Wilson Smith for plaintiffs.

Defendant had paid the amount in two sums to the clerk of the board, less the costs. The clerk had informed the clerk of the court that the balance of the claim had been paid, and the latter had entered the case on his books as " settled out of court."

His Worship considered that he had no power to hear the case, as it was entered up as settled. After a short discussion with plaintiffs' solicitor be decided to hear the case if the J.P.'s who sat on the preyious court day would reinstate it. The court then rose.