CIVIL SIDE.

Thames Star, Volume VIII, Issue 2804, 8 February 1878, Page 3

CIVIL SIDE.

Judgment fob Plaintiffs

In the following cases judgment was given for the plaintiffs with costs: — Thornally v. O. Field—Claim £25, dishonored cheque, with costs £2 135. Fleming t. D. Mclnany—Claim 10s, Borough rates, and costs 10s. J. Saunders v. 1\ Crippen—Olaim, £15, goods, and costs £2. Avenell v. Hicks-Ciaim, £1 Bd, goods, and costs 193. Same v. Whaling —Claim £1 2s Bd, goods, and costs.

Judgment Summons

BATES V. ADAMS.

Claim. £6 8s 9d, goods. Mr Brassey appeared for plaintiff, and Mr Dodd for the defendant.

William Adams, sworn, deposed—l am a carter, and am the same person that Bates obtained a judgment against some time ago. I have not paid any of the judgment, as I have not been in a position to do so. I depend on my sons for a living. < JJj Mr Brassey: My sons held a bill of sale over my property. The bill of sale was executed at the end of December, and before Bates obtained a judgment against me. I executed the bill of sale at Me Dodd's house. It was for £220 for various sums paid by my sons to me at different times. I had the different items in a book at home.

Order made that money be paid in 24 hours, failing payment to undergo one month's imprisonment at Mount Eden. (Immediate execution granted to try bill of sale.) Defended Cases, adlam t. bucket.

Claim, £9 13s sd, balance of account.

Joshua W. Adlam, sworn deposed—l am a grocer, residing at Shortland. Mr Puckey is indebted to me in the sum claimed for balance of account.

By Mr Puckey—l am sure nothing is charged twice. lam quite sure Topia's account was not twice charged.

Mr Puckey said lie disputed the sum £2 6s, Topia's account, as it was charged twice, and though he had admitted to Mr JDodd. that the account was right, oq looking into it after he found it was wrong. Judgment for plaintiff, £9 13s sd, and costs £1 2s. TOWITBEND V. MILLAB. Claim, £5 ss, hire of horse. Mr Macdonald appeared for the plaintiff; Mr Brassey for the defendant. John Townsend, sworn, deposed—l reside in Mackay street. Some time ago defendant came to me saying he was in want of a horse. He wanted to hire one that I had with me, but I would sot lend it. I told him that I had two horses at Hikutaia, and a bridle was up there. He could take the saddle up with him/and take which of the horses he wanted. This he agreed to, laying he wanted it for two days to go to Ohinemuri. This was on the 14th of January, and he did not return the horse till the 25th. I was informed hy telegraph that he had gone to Ohinemutu. By Mr Brassey—l did not agree to let him hare the horse for nothing. I told him it would be 7s 6d per day. Arthur Millar, sworn, deposed—l came to the Thames about a month ago, and saw Townsend. I went round the town with him, and told him that I would like to get a hoTse. He said he would lend me one which he had at Hikutaia. I accepted it, and went to Hikutaia, and then rode the horse (which was an old one) up to Hamilton, when it was so done up that I put it into a paddock. I had as much as I could do to get it back to Hikutaia again. lam sure that I was not to pay for it. Townsend and I were good friends. I left the horse at Hamilton, and then went on to Eotorua.

By Mr Macdonald : I had no intention of going to Hamilton when I left Hikutaia. I was surprised at being asked to pay for the horse. Mr Brassey addressed the Court, urging that the evidence plainly showed that the horse had not been hired to defendant, but was simply a loan. < Mr Macdonald replied, pointing out that even if it bad been a loan the defendant had kept the horse longer than it had been lent to him for. Plaintiff non-suited without costs. HABCOTJBT V. QUINT. Messrs Macdonald and Brassey appeared for plaintiff and Mr Dodd for the defendant. An argument took place on the question of jurisdiction, and his Worship decided ■ that if an item £18 cash' lent by Quint was proved, that would be an end of the case. Charles Quint, sworn, deposed—l lent the man they call Harcourfc £10 and £8. He owes me £20 board and £18 loan. By Mr Dodd—l did not giva Harcourt money because I owed him anything. George, Harcourt, sworn, deposed—l am an accountant. Quint has been in my debt for some time, and he has paid me £10 for part payment. He paid me £10, out of which I paid £2 for defendant. I have been carrying on defendant's business for 18 months. I produce memorandums of moneys owing to me. By Mr Dodd—l paid Quint no money, at all, bat have paid Mrs Quint for board. I have paid Mrs Quint always. Since last November have paid about £10 for board. His Worship ruled that he had no jurisdiction. j HALLIDAY V. QUINT. Claim, £116s, wages. William Halliday, sworn, deposed—l ap a cook, and sue Quint for las wages, and £1 in lieu of board and lodging for one week. I went to work at Quint's on the 4th of January, and on the Thursday evening following I went for my week's wages. I was asked to wait till the morning, but was not paid till Friday. This went on for some weeks, when I was dismissed without notice.

By Mr Dodd : I never boiled the plum pudding in the soup. I was not taken on a trial.

.Annie Barnes, sworn, deposed—l am in the employ of Mr Quint. I know Halliday, who was handyman, and used to d© the cooking. He could not cook, and several times spoiled the dinner.

Once he boiled a pudding in the soup at the hotel, and another time ho boiled it the same way at the private house. Ho was discharged on Friday morning. A week after Mrs Quint gave us all notice to leave.

Plaintiff non-suited without costs The Court adjourned till 2 30.