RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2509, 20 January 1877, Page 2

RESIDENT MAGISTRATE'S COURT

FRIDAY, JANUARY 19th. (Before W. Eraser Esq., R.M.) (The Court resumed at two o'clock.)

W.BRASSEY V. E. KENNAN. Claim, £7, rent.

Mr Macdonald appeared for the plaintiff and Mr Campbell for the defendant. Mr Macdonald stated the facts of the case.

Willoughby Brassey, sworn, deposed— lam the plaintiff in this action. The premises I carry on business iii consist of a double office. I took the entire offices over from Kennan, and the proprietor, Mr Eowe, charged me for ground, rent. I let the ene half of the office to Mr Whitford. He paid me 10s per week. He remained there six weeks and then Mr Kennan took it over and had it for 14 weeks which he had not paid me for.

John Whitford, sworn, deposed—l am a mining agent carrying on business in Grahatnstown. I occupied the office referred to, and paid £3 to Mr Brassey for the 6 weeks.

By. Mr Campbell—l paid it to him because he represented that he had purchased the premises. Willoughby Brassey, recalled, deposed —Mr Kennan handed over possession of the office to me in July last. Eichard Kennan, sworn, deposed—l am the defendant in this action. I never gave up possession of the office until a promissory note was met. I was in possession and Whitford had no right to pay rent. He was never asked to do so. I have never been applied to for rent except on the summons. By Mr Macdonald—Mr Whitford, is friendly with me just now. Thomas L v Murray, sworn, deposed— I am the manager of the Bank of New Zealand. [Witness proceeded to give evidence respecting the purchase of the office, but as his Worship said he had nothing to do with that he stood down.]

John Whitford, re-called, deposed—l was paying no rent to Mr Kennan. I paid rent to Brassey because he said he had purchased the premises.

Judgment for the plaintiff, £7, and costs, £3 ss. HEWITT & CO. V. COIHBETTS AND HENELLY. Claim, £3112s 3d, goods. Mr Macdonald appeared for the plaintiffs, and Mr G. N. Brassey for the defendants.

Adam Porter, sworn, deposed—l know the Mazeppa mine,- Ohinemuri. The persons working the mine purchased goods from Mr Hewitt. I know the amount of the claim. The goods were delivered in two or three lots. I was a shareholder, and so were you (Mr Macdonald). I convened a meeting to try to pay off that bill, but no one turned up. The prices were fair and reasonable. Mr Hennelly declined to pay his share. By Mr G. N. Brassey : The company was 'duly incorporated. I know the tools were delivered, because I worked with them. The goods were delivered to the Mazeppa Amalgamated claim, but there never was a claim of that name, though the Mazeppa was generally called by it. George Har court,, sworn, deposed—l am an agent carrying on business in Grahamstown, and represent Hewitt and Co. The goods on the bill of particulars are the same as in the invoice book. The price of the goods was £27 10s 9d, the interest was £4 Is 6d, making up the amount sued for.

Mr G-. IST. Brassey addressed the Court, pointing out that there was nothing to show that the goods were delivered, or that there was such a mine as the Mazeppa Amalgamated. ! Mr Macdonalcl also addressed the Court in reply to Mr Brassey. Judgment against the two Corbetts and Hennelly, £27 10 9d, and costs, £9. J. WALKER V. R. GBAHASL Claim £15, services.

Mr Dodd appeared for the plaintiff, and Mr Macdonald for the defendant.

Mr Macdonald said they acknowledged that the work had been done, but disputed the cost. A certain price had been arranged.

Robert Graham, sworn, deposed—l reside at Ellerslie, Auckland. I know Walker, who is a surveyor. EC© was to mark out the boundary of some land at Puru. I asked him what he would charge, and he "said £6. I said it. was too much; He said he would do it for £2 2s per day, and he would do it in two days. He afterwards said the starting point had been washed away and he had taken more time over it than he had expected. I offered him £S, and paid it into Court, when he said he would go to Court about it.

By Mr Dodd—There was nothing said about the payment of £8 on the day when he came to my office. I gave him the job because he had surveyed the land. I said that there was" a cottage on the ground where he could get quarters. Mr Wilson was present when the agreement was made.

John Wilson, sworn, deposed—l know Mr Walker. I was present during a conversation between Mr Walker and Mr Graham. Walker said the cost would not exceed £6.

John Walker, sworn, deposed—l am the plaintiff in this action. I met Mr Graham and he said he wanted me to mark out some boundaries at Puriri. I said I would do it for £8 Bs, and he said it was too much. . I subsequently agreed to do it for £2 2s per day. ' Plaintiff non-suited. Costs, £4 10s. BUTCHEE V. J. THOMPSON. Claim, £7 4s, value of boat lost and cost of searching for it.

Mr G. N. Brassey appeared for the plaintiff and Mr Macdonald for the defendant.

John Butcher, sworn, deposed—l know Thompson. He borrowed my dingy and it was lost. I had to pay a man to help me look for it, and I did not find it. It cost £4 to replace it. Hobert Fielder, sworn, deposed—l am a shipwright and boatbuilder. I remem-

ber seeing some of Mr Thompson's men using the dingy belonging to Butcher. The clingy was worth £4 or £4 10s.

John Thompson, sworn, deposed—lam the defendant in this action. I never borrowed the dingy from Butcher, nor told anybody else to do so. I saw the dingy lying'on the beach before the gale, untied. I never borrowed the boat, but I once saw my men launch, her. I never authorised the meft to borrow the boat.

Henry Simmons, sworn, deposed—l am a carpenter, and was employed by Thompson. We used Butcher's boat to haul in some logs. We asked the loan of the boat first. >

By Mr G. N. Brassey—We never made the boat fast after we used it. The boat was lost in a gale afterwards.

. Judgment for the plaintiff £4, and costs £2 14s. MUSKETT V. BALLIN BEOTHEES. Interpleader summons in reference to cart and horse.seized by defendants. Mr Macdonald appeared for the plaintiff and Mr Brassey for the defendant. John Muskett, sworn, deposed—l am a miner and own a gingerbeer business. I have carried it on since May, 1876. I had nothing to do with it before my brother's difficulties. I lent my brother money at 'different times, and not being ! able to get it, I sued him and get judgment. I sold his goods 'and I bought the cart and horse and carried on the business, and pay my brother wages. The cart is mine though his name is on it. I started the business in my name. The bills were in my name, "J. S. Muskett." . I had transactions with Ballin Bros. I reside in Eyre street, and my brother resides with me. I have stated to several people that the cart belonged to me. James Muskett, sworn, deposed—l am the servant of my brother. Order that cart and horse be given up, and without costs. Court adjourned.