CIVIL SIDE.

Thames Star, Volume VII, Issue 2544, 2 March 1877, Page 2

CIVIL SIDE.

J-pdgdment Summonses

UNITED POMFIN& ASSOCIATION V. ENGIiEB. Claim £8 10s. Defendant consented to pay os per week. . His Worship made an order to that effect. AKEBS T. ADLAM. Claim £30. «f. W. Adlam, sworn, deposed—l am a grocer carrying on business in Polbn street, Shortland. I recollect a judgment been obtained against me some time ago. I have no means to pay him. I have no property. I carry on my business under a bill of sale to Osborne; Bros. Several natives owe me.a great deal of money. I am not in the expectation of getting anything. The stock is worth about £60, and it brings in about 17s 6d per week, and sometimes not that. During the last 12 months I have lost £1000 in bad debts. I have about three times the amount of the judgment iv this Court, but I cau't get anything.

His Worship said he could not make an order. Tlie only way would be to put in a bailiff to test the bill of sale. foss v. gkeen. Claim, £7 2s 7d.

John Green, sworn, deposed—l am a miner working as a tributer ia the Red White and Blue. There was a division; of £40 among seven of us some time after Foss obtained the. judgment. -Our last crushing' brought us £4 a piece. I have paid him part of every crushing. I have no ottier means or property. I am a married man and have six children. .

Kobort Comer, sworn, deposed—l am the manager ot the Moanatairi Company. I have heard what the last witness said. In August last I made arrangements to crush on halves with Green and party. They have had about £550 since then. He would have had on an average about £3 per week. Mr Foss said that he could- get his books in ten minutes.

After waiting some minutes Mr Foss re-appeared with his books, and handed them to the Bench for inspection. Defendant said he wa3 willing to pay £1 per month.

Order that defendant pay £1 per month, beginning on the Ist of next month, failing any payment to undergo one month's imprisonment. Judgments foe Plaintiffs. In the following cases judgment was given for the plaintiff with costs :—R. N. Smith r. Davidson.—Claim, £2 11s 2d, goods, and costs 20s. Do. v. Wannop.— Claim, £1 7a Bd, goods, and costs 10s. T. A. Bennett v.- Hetherington.—Claim, £12 10s 6d, goods, and costs £2. Fricker r. Hoflis.—Claim, £2, work, etc., and costs 19s. Frances E. Lenton, executrix in the estate of the late J. Lenton, v. Sprague.—Claim, £1 9s 6d, carting, and costs £1 -19s. Same v. Lempriere.— Claim, £2 9s 6d, carting, and costs 14s. Same v. Place.—Claim, £2 75,, carting, and costs 15s. Clark v. Gyde.—Claim, £5 19s 9d, goods* and costs 235. Nodder v. Thompson.—Claim, £1 Is Bd, goods, and costs 19s. Bead v. McGormack;— Claim, £13 ss, promissory note, and costs £2108-. :.'■;■ .

BBYAN V. GBIFFITHS. In this case, which was partly heard last Court day, Mr Campbell applied to supplement the evidence, as he had got some more evidence which was very material. He applied to have another hearing next Court day. Application granted. Defended Cases, adams v. o. d. gbant. Claim £11 5s 6d firewood. , Mr Macdonald appeared for the paintiff, and Mr Brassey for the defendant.

— Adams, sworn, deposed—l am the wife of the plaintiff. He deals in firewood. Some time back I made a bargain on my husband's account about some firewood. Defendant had been supplying us with bread, and I suggested that he should take some firewood from us. He said he would take 30 tons for 11s per ton. By Mr Brassey—When Mr Grant came to our place he said he was getting it for 103 6d from the boat, but he said as we were customers he would give us lls per ton. I said we would give him good rata wood. There wasnothing said about billetted wood at all. Benjamin Adams, sworn, deposed—l am a son of the plaintiff and deliver firewood for him. I delivered 15 tons to Mr Grant.

By Mr Brassey—The wood was all good wood. It was not all billetted rata. GraVt said that he did not want any small branches. William John Adams, sworn, deposed— lam a son of the plaintiff. I deliver firewood for my father. I delivered 15 or 16 tons to Mr Grant. The wood was the same as my brother delivered. The wood was good rata wood.

By Mr Brassey—l recollect Grant telling me to take back the wood, and asking me to send down my father as he would not take it. Up to that time I had delivered 11 or 12 tons, when he told me not to bring any more. It was late in the afternoon, about sor 6 o'clock. The wood was good solid rata wood. Alexander TJnthank, sworn, deposed— I kaow something of the firewood trade. I saw some firewood at Mr Grant's.which I measured at Mr Adams' request. The wood was very good and was fair average firewood. There was 15| : tons.

By Mr Brassey—The wood was very good, substantial firewood, and such as I supply to other bakers. William Adams, sworn, deposed—l am a firewood dealer and supply wood to the bakers. The wood supplied to Mr Grant was good rata wood. By Mr Brassey—l Is per ,ion is the lowest price I have ever sold firewood at. The firewood was heart and limb mixed. He had never complained about the wood before. : .

Obadiah Grant, sworn, deposed—l am the defendant in this action. One time I went up to Adams' to get payment for an account, and Mrs Adams asked me to take some wood. \ This I agreed to. (Witness then gave his version of the case which did not differ very materially from the plaintiff's.) I wrote him a letter saying that I would charge 5s per week if the wood was not removed. '1 he wood was not ill good-rata, and some of it I could no,t use. 5 tons- were of good quality. • James Gordon, sworn, deposed—l am a baker, and have been in Mr Grant's etaploy for 18 months.. I recollect Saturday, the 10th February., I saw the plaintiff's son bringing some wood which I said would not do for baking. I told Mr Grant and he told the lad not to bring any more. The lad brought some more. :

Alexander Hanlon, sworn, deposed—l am a carpenter. I was at Mr Grant's place on the day in question. (Witness corroborated the last witness'evidence.) William Holdsworth, sworn, deposed— I am a baker. (This witness also gave corroborative evidence concerning the conversation when Mr Grant told the lad Adams to bring no more.)

This concluded the evidence. Mr Brassey addressed the Court. Judgment for plaintiff, £11 5s 6d, and costs, £2 10s. i I ' ■ . Adjoubned Case. ' HOPCBAFT, M'CULLOUGH AND CO. V. PBIMBOSE AND ANOTHEB. Claim, £7 4s, printing. Mr Brassey appeared for the plaintiffs, and applied for an-adjournment, because a material witness for the plaintiffs had not corae from Auckland. He would be prepared to go on next Court day if the adjournment was granted.

The two defendants applied for costs. They said they had come from Auckland, and had been obliged to put on men in their places. Adjourned till next Court day, the defendants to receive 30s each costs. Court adjourned.