RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2626, 8 June 1877, Page 2

RESIDENT MAGISTRATE'S COURT

. THIS DAY. (Before Wi Eraser* Esq., R.M.) CIVIL SIDE.

•■... Defended Cases. • . - t. macffablane v. bobebt and bichabd

CASHE!

This case had been adjourned last Court day to get the attendance of Richard Cashel, as Eobert Cashel said he could throw some light on the matter. Mr Brassey appeared for the plaintiff, and Mr Macdonald for the defendants.

Mr Brassey applied for a further ad^ journment, as Mr. Eichard Cashel had not appeared. He believed that the defendants wished to make a set off. He maintained that the trustees in bankruptcy for a solicitor could sue. A discussion ensued, Mr Macdonald maintaining that a solicitor's trustee !could not sue. Mr Eobert Cashel then came into Court, and Mr Macdonald applied that the case stand over till after the hearing of the other cases. (When the case was called on again Mr Macdonald stated tbat an arrangement had been -come to, and that they were willing that judgment should go for the plaintifi.) IA.WSOST V. E. J. THOBP. Claim, £25 11s, work done. Mr Macdonald appeared for the plaintiff. Edward J. Thorp, sworn, deposed—l am a farmer residing at Waijhe. I know Lawson. He was employed"ditching at Owharoa. He was working for my brother, and was there for several months. I did not see him making any posts. The only thing he did for me was splitting shingles. I gave no instructions whatever to the plaintiff. There was 12J

chains of ditching dove on my brother's property. I gave him no instructions about the work.

Plaintiff (in a loud voice): You did, sir.

His Worship 3aid he would commit him if lie did that again, and ordered him out of court.

„ Examination continued—He worked six weeks for me. (Witness here gave an account of the work defendant had done for him.) Plaintiff built a house for me, and he commenced on the 2nd April. Lawson commenced to board with me on the sth November last and stopped on the v 7th May. , I supplied the board and explained that he was working for my brother. All the board is owing to me. Charles Lawson, sworn, deposed—l know A. J. Thorp, he did not employ me but the defendant did. Defendant told me that some of the work was to be for his brother. (Witness went through the different items of his account.) By the defendant—You engaged me to do the ditching and promised to pay me. I don't know whose land it was on. You engaged me to split the posts. I told you I could not trust your brother, but I could trust you. I took you for a gentleman. I split the posts on Christmas week. Whatever wor.k I did you were to see me paid. You were the only one I trusted of the Thorps. : Alfred J. Thorp, sworn, deposed—l know about this,ditching. I employed plaintiff to dp the ditching, but he has not done much at it. Ho split the posts of his own accord. I know "nothing about the clearing of the bush. He did not do it for me, or »t my instructions. His Worship suggested that the parties should go into his room and try to settle the matter. HABCOTJRT V. FEITH.

Claim, £11, promissory note. Mr Brassey appeared for the plaintiff", and Mr Macdonald for the defendant. Mr Brassey stated that Mr Harcourt held a promissory note drawn by Frith in favor of Mrs Wiltshire. He-took the action as the holder of the promissory note. - Henry Frith, sworn, deposed—l am the defendant. I signed a document but it was not filled.in^like that. All that is not my handwriting, and 1 believe that is a forgery. I borrowed £11 from Wiltshire but I have paid it all back but 25 s in money or work. By Mr Macdonald—At the time I signed the document the date was not there, nor were the words, "National Bank of New Zealand ■' there. George Hareourt, sworn, deposed—l am the plaintiff in this action. I have seen that promissory note before. lam the holder of it. The signature on the back is in G-. Wiltshire's handwriting. I have demanded payment on it, but he took no notice of the demands, I got the promissory note from O. D. Grants and gave him £3 10a :n qashforit. That was the whole transaction.

His Worship asked t^ see the bill, and said thatit wasnot endorsed by Sarah Wiltshire. He remarked that the transaction was a fishy one. Whenever one like this came to light he liked to put his "oot upon it. He would have to prove that Mrs Wiltshire was a married woman.

Obadiah Grant, sworn, deposed—l am a baker carrying on business in Shortland. I got that promissory on the first' of May last. I saw Wiltshire endorse it. It was signed in the. Bay View Hotel, Grahamstown. Mr Wiltshire was sober when he signed it. A discussion here ensued between the counsel as to whether the evidence of Mrs Wiltshire was necessary. Finally it was decided that it was, and Mr Brassey asked that the case be allowed to stand over till after the adjournment.

This was agreed to. TOWNSEND V. HAMIOEA MOHr. Claim £4 18s 6d damages. Mr Dodd appeared for the the defendant. „<.... .

Mr Wilkinson was, sworn to act as interpreter. ....'.' John Townsend, 1 sworn, deposed—l am an hotel keeper, residing at Shortland. I sue him for damage done by his dog to my property. He. acknowledged, that it was his dog, and said" he had given the money, to Mr Murdpck to pay me. He and his wife had*been quarrelling, and his dog was locked up in the dining room. Hearing them quarrelling I suppose it wanted to get out. However it tore up a great number of things. The articles were all'useless, but I believe &at they; are at home now. I did not agree to take 18s. Yesterday I offered to take £3 id settle the case. I replaced the articles the same week. I did not buy Aihe articles, and I can't state from my-own knowledge how much they cost. My wife bought them. . The articles destroyed were almost new. l > Hainiora Mohi, sworn, deposed—l am the defendant. I asked Townsend what I would have to pay, and he said 18i, which would include the price of the carpet. We made the arrangement be- , tween ourselves. He gave me a bill for 18s, and I have it at Whangapoua, and it I is in Mr Townsend's writing. If the Court would adjourn the case I could produce the bill. " Mr Townsend said that he was quite agreeable, and would give him the debt if he produced the bill. Adjourned for one month. The Court then adjourned till 2 o'clock.