RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2852, 5 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Fraser, Esq., 8.M.) CIVIL SIDE. JUDGMBNT FOB PLAIHTUFB.

Jn the following cases judgments were given for the plaintiffs with costs:—Snodgrass and Maguire r. Mungoonan.—Claim, £3 13s 6d, goods, and costs 19s. Hansen v. J. Jackson.—Claim, £17 6s Bd, goods and promissory note, and costs £1 10s. Bobinsonv. Goonan.—Claim, £25, promissory note, and costs £5 2s.

■ MENABY T. MUHBO. . Claim, £2 19s 4d, wagesMr Dodd for the plaintiff, and Mr Brassey for the defendant. Henry Menary, sworn, deposed—l was working for Munro, and left him, and he left a cheque for me at Mr Bafferty's for £5 9b, at Shortland, which left a balance of £2 193 4d owing. I did not take the cheque in full of all demands. I did not get £3 of drink. By Mr Brassey—l did not recei?e an account with the cheque. K. Munro, sworn, deposed—l am the defendant. I have paid plaintiff all I owe him. When I paid the cheque to O'fiafferty I gave him an account. John Bafferty, sworn, deposed—l am an hotel-keeper in Shortland. I remember receiring a cheque from Munro for Menary.« I don't recollect if there was a bill, but I think there was another document. When I gave Menary '.be cheque he said that was not enough, as he had been. 10 weeks there. H. -1....:,

Judment for plaintiff £2 19s 4d, and costs, £1 9s. -

SJLFAKA.V. MAHONEY AND MCGBIHAIC. Claim, £10, racing stakes. Mr Macdonald for plaintiff, and Mr Brassey for defendants.

Mr Macdonald related the history of the affair as given in evidence below, which sprung out of the recent sports at Obinemuri.

. Albert Moore, sworn, deposed—l reside at Ohinemuri. I remember some sports taking place there when I was judge. Government won the race. I was not one of tho committee. I decided that Government was winner. At the meeting of the stewards I never decided in favor of Potentate.

By Mr Brassey—l gave no more than one decision.

H. D. Johnson, sworn, deposed—l was secretary to recent race meeting at Ohinemuri. The first prize for the Hurdle Bace was £10. It has not been paid yet. His Worship said that he could not «jo , behind the decision of the judge. Judg-i ment wauld go for the plaintiff lor amount claimed, and coits, £1113s.

QUINT V. GOODWIN Claim, £9 10a, board.

Mr Mai dona Id appeared for the plaintifl"; and Mr Brnsaey for defendant. "Ellen Q i'nt, sn-orn, deposed—l am the wife of tlm pi liniifT.- Mr Goodwin was indebted to us lor 12 weeks' board and washing. 1 have seen Mr Goodwin about it, and he promised to pay me. The amount claimed is stili owing. By MrJßrassey—There was no arrangement made that Mr Harcourt was to pay Mr Gocdwin's hill.

C. F. Quint, sworn, deposed—l have an account againnt Harcout I for stealing two razors. Goodwin was to pny for his own board and lodging, but I debited Harcouit. ■

By Mr Macdonatdr-Harcourt never agreed to pay Goodwin's board. James Goodwin, sworn, deposed—Harcourt always paid my board, and if Mrs Quint got any money from me, it was through Harcourt

George Harcourt, sworn, deposed—l had an understanding with Mrs Quint that I was to pay Goodwin's board, and with Goodwin himself. Goodwin was working in a tribute'for me, and was*not getling anything else. Mr. Brasi<ey addressed the Court, urging that it was Harcourt and not, Goodwin that was liable. V ...,.,^~. I Mr Macdonald replied at^etigth. V., His Worship-said, he would reierve, judgment. ' '; ' novsvrt. In the case of Kane y. Peck the plaintiff' declined to go on with the case, and her solicitor took a nonsuit. Court adjourned till 2 pm.

On the Court resuming the following ease was gone on with :—

PAYNE T. OUBB.

Claim, £40, damages. Mr Brassey for plaintiff, and Mr Macdonald for lac defendant.

On the application 'of Mr Brassey, all witnesses were ordered out.

: Daniel H, Bayldon, sworn, deposed—l am a surveyor. I recollect proceeding with Dr. Payne to the portion^of the road of which this is a plan (produced).! The doctor pointed out the scene of the , accident to his horse, and he gave me 1 instruction! to make the plan. The road j itself is comparatively level. At the place where-the accident took piece the bank comes down to the road. There is no ditch on the eastern side. The bank is about 6 feet 6 inches high. Standing at the) corner on the plan one could see 60Q yards. That is in from the centre of the road, The road i« clearly defined. Bf Mr Macdonald—Near ; where the accident took place t'»?re was a little i&uff taken out of the bank. There is no place where a horse and cart could hare backed into. • . ' . His Worship asked if Mr Maedooald wished to dispute the sc?ne of the accident. ■ , t ' Mr Macdonald—-If they srid that the accident did not take place where there was a cutting in the bank, we dispute it; His Worship—Well we will drire out to the scene of the accident, and bare the ground surreyed. I will only hare the plaintiff, defendant and surveyor, and if any other witnesses come I shall suspect there is a weak case, and they are trying tojhove their noses in. Whoever loses the case will hare to paj for the cab. ' His Worship then left the bench, and accompanied by Dr Payne and Messrs' Gubb and Bajldon, proceeded to thr/ scene of the accident.