Defended Cases.

Thames Star, Volume VII, Issue 2556, 16 March 1877, Page 2

Defended Cases.

JXT.ET V. ADIAM.

Claim. £2 3s 4d, goods. , Mr Dodd appeared for the plaintiff and Mr Maodonald for.the defendant. Henry Alley, sworn, deposed—The defendant is indebted to me in the sum af £2 3s 4d for a keg of butter. . By Mr Macdonald—l did not delirer the butter personally. I put it on the | steamer and Mr Onyon delivered it. Mr .Adlam denied that he had receired it. I went to Townsend's and he told me that he had got some of my butter off Adlam. I saw the keg, which I remembered, in a hoie. Bichard Onyon, sworn, deposed—l am agent for the JRuby, representing Souter and Co. On the 30th Jan. some butter. 1 came down which was delivered. Defendant has not paid the freight yet. Judgment for plaintiff £2 3s 4d, and costs £2 195.. BBTAN T. GBIFFITHS. ■ Claim £10, damage. Mr Campbell said that last Court day he had applied for an adjournment to obtain the attendance of an important witness. This witness was a Captain O'Connell, who was at present at the Bay of Islands. He had a wuaess here who might be examined. It was the conductor of the 'bus, a boy named Otto. His Worship questioned the boy, who said that the collision took place near Smith's store. His Worship said that he would nonsuit the plaintiff without costs. The case was a perfect mystery to him, and the eridence was very contradictory. He could make nothing of it. STEWABT V. IIPSBT. Claim, £27 10s, dishonored .cheque. Mr Macdonald appeared for the plaintiff. A. set off had been filed, but not in time. -Judgment for the plaintiff £27 10s, and costs, £4 2s. - . HABBOLD V. JOHNSTOK. Claim, £21 9s, money paid. " Mr Brassey appeared appeared for the plaintiff, and Mr Campbell for the ,defendant. Mr Campbell said that they had been served jointly with Grant, and his client was only Grant's servant. The plaintiff had settled with Grant, therefore they were not liable.

Peter Harrold, sworn, deposed—l am a seaman and reside in Grahamstown. I know Mr Johnson and Mr Grant. They were both in partnership as far as I was concerned. I have never had notice of dissolution of partnership. I have car* ried letters back and forward between, them. By Mr Campbell—l received £5 2s in Auckland for the carriage of some timber. Johnson did not go to Auckland with me at the time. I don't know if I »aa paid out of the proceeds of the sale of timber. They both told me they were partners in 1875. I took proceedings against Grant.. I stopped him, from going to Sydney. He. promised fo give me £8 and I let him go, but he ran away and never paid, I-took an I.O.lLf.which I have with me (produced). If he had paid me the money I would have discharged the debt. •*./ By Mr Brassey—l never took a lodgment against Grant. Grant told me that his mate was to discharge the debt*, and Johnson told me the same.. ... . „, . Isaac Johnson, a colored man, sworn, deposed—l reside at Deadman's Point. I worked for a man named Grant down there. Before that we were mates, but ! dissolved partnership. There was an | advertisement to, that effect in ther papers which Harrold saw. Mr Jamieson told me he saw it, for he took it to the bush'with him. Grant receiwAali the money and'paid me 25s per weei^br my labor. The advertisement was in the paper three times.' Harold knew %c had dissolved because I told-him so about the time. I know nothing, of .the- payments , after the dissolution. > . ,'-' By . Mr j Campbell—Graat owed, me a good lot of money for wages, and his bullocks were given to me as payment; though there is a bill of sale over them. I wis not to pay Grant's debts out of them. By "Mr; Brassey—l never received?a letter'from Macdonald-and Miller. I have only been a servant of Grant's liflee 1874/ ■ -■••; '■•-.- r._ vje.-:,:. r Plaintiff non-suited, costs £1 lls/"-;"-The Court adjourned till 2 o'clock^ 'f *''

The Court resumed at 2 p,m. < C BONAN T., SMITH. Claim, £116s 9d, money paid. Mr Macdonald for the plaintiff. " X. Cronan, sworn, deposedT-I^aofja miner. I was employed by the defendant to work for Mr Scanlan at Ohinemuri. I now claim £1 16s 9A. for money paid by me. James Smith, sworn, deposed—l am the defendant.ji Plaktiff' showed : -me. r th& receipt, but I coukTmakenothingof it. w T said I would pay- when he ; sent the account. I don't know How much I really do owe. I never agreed with him that I owed him a precise sum of money. I. don't think I- owe him "a , solitary COpper." .'■,.: sis:'? Judgment for plaintiff £1 16s 9d, and costs 19s. - - - -'. -■ k ;.-*;-r HOPCBAFT, MCCULLOUGH AND CO. Y.'PUtLEINK, . ; - Claim, £5 16s 9d. Mr Brassey appeared for the plaintiffs;" William McCullough, sworn, deposed —I represent the firm of Hbpcraft, Me- * Cullough and Co. I know the defendant. He is indebted to the firm in the sum of' £5 16s 9d. . By defendant—There is no time speci*. fied for the number of insertions or the. 1 advertisement.

Frederick A. Pulleine, sworn, deposed— * I am aii, auctioneer. The dispute is fat * 30s for one months insertion which is {he last item of the account. I told Mr McCullough to put it in for two months. At the end of the two months I drew his attention to it, and he said it would be all right. I would have paid the amount be* | fore if it had been stated correctly. William McCullough, re-called, deposed—The clerk took out the advertisement on his own responsibility because the store was shut up. . There was nothing said of the time. I offered to take off 30s this morning provided the expenses were paid. Judgment for the" amount- paid into Court, with costs, £1 9s. [Left Sitting.]