RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2887, 17 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Fraser, Esq., HM.)

CIVIL SIDE. Judgments fob Plaintiffs.

In the following cases judgment was given far the plaintiffs, with costs : — Miller v. Bastings—Claim, £5 6s, goods, and costs £2 4s. Douglas v. A. McLaren —Claim, £5, goods, and costs, £,i ss. Same v. Langham—Claim, £21 16s 6d, goods, and costs £115s. Judgment Summons. j. turner v. James cabnelii. Claim, £8 6s, goods. Mr Brassey for plaintiff. - A letter was read from defendrat agreeing to en order being made. Order made that the defendant pay the

debt in two instalments of £4 3s ea>jh, failing any payment to undergo one month's imprisonment at Mouut iiden. Defended Cases. hawkes v. smith. Claim, £8 9s Bd, good 3.

Mr Brassey for plaintiff. Charles Smith, sworn, deposrd—l am the defendant, and recollect going over accounts with Mr Hawkes at his own store" at Tapu in September last. We talked about a settlement of accounts. He did not show me the ledger, but paid mo £1 on account of a house sold to Birdwood. On Mr Hawkes paying me £1 he did not make up my account. There was a dispute concerning the aacount, which we settled, but we did not agree what I owed him. The dispute was about 30 tons of firewood, which I had agreed to chop for 2s 3d per ton, and he offered me Is 6d per ton, and I would not do it for that. I claim to be allowed £3, and he has got £1 more in the bill than I owe. I owe £5 2s 9d. Mr Hawkes has my pass-book.

It. M. Hawkes, sworn, deposed—On the 18th September, 1877, defendant came to me to see about our accounts. He then owed me £17 12s 9d. Defendant can read and write well. I paid him £1 on that occasion as a favor. Judgment for £5 2s 9d, and costs £2 Bs. D. STEWART V. BOWIE. Claim, £5 17s 6d, use and occupation. Mr Macdonald appeared for plaintiff; Mr Brassey for defendant. David Stewart, sworn, deposed—l reside in Auckland, and let an allotment in Holies!on street to a person, from whom the defendant took it. Bowie has paid me rent several times, but always more or less in arrear. The amount claimed is yet owing. He had demanded the money. He had kiven a receipt for £1 15s of amount claimed, but had not received the money. By Mr Brassey—l gave all the receipts to Bowie. It bears Morrow's name on it. Every time I went I gave a proper receipt, but for some time refused to recognise Bowie, as I didn't get notice that he had purchased the house from Morrow. I hold the fee simple of the allotment in trust. On the 2nd October, 1877, at Mr Bowie's own house, I did not refuse to take money. I was not offered £3.

By Mr Maedonald—Bowie has occupied the premises with my consent. Eobert Bowie, sworn, deposed—l am the defendant in this action. For some time past I hare been paying rent to Stewart for Morrow. On the 2nd Oct. last I offered to pay him if he would give me a proper receipt in my own name, and again in January. Scott and his wife were present the first fime, and Truscott the second time. I owe £5 10s. I, bought the property from Charge Morrow. Edward Scott, sworn, deposed—l was at Bowie's house on the 2nd Oct. I recollect Stewart coming in for his rent. Bowie said he would pay when he got a proper receipt, and Stewart edd " Let me out of the house," and he wen* out. Edward Truscott, sworn, depos-d—l was present when Bowie offered fo pay Stewart if he would give a proper receipt. It was in the beginning of January. Mr Stewart refused to give him a receipt in his own name. Margaret Bowie, swo* j, deposed—l am the wue of defendant, aod J~now Stewart. We Iv.ve bren a'; logsorhe" .Is some time. The receipts Lave not b~ n in my husband's name. Mor:.ow has nothirjg. Judgment for phvnt°ff £5 17s 6d, ard costs £114s. F. B. HUGH: 3 V. MATJBiCB CASEY. Claim, £7 15s, goods, Mr Macdonald for the plaiat'.ff nnd Mr Brassey for the defendant. A set off had been filed of which the plaintiff admitted 6d. Maurice Casey, sworn, deposed—l em the plaintiff in this action. I bought a bush irom Whiiaker, and old Hughes he could supply the bushmen if he liked, as they would be paid month'y. I did not agree to be responsible for the debts of of the bushmen.

By Mr Macdonald — I have made several payments '->. Hughes on my own account, and he has never asked me for this.

F. B. Hughes, swon, deposed—On the 13th July, 1877. I saw Leo and Murphy, two bushmen, in my store. They asked me to give them goods as they were going to work for Casey. I said I would not, as 1 did not know them, but as afterwards they brought in Mr Casey, and he guarantee d them, I supplied them. The two men have left the district, and I look to Casey for the money. Afterwards Casey told me the money was right, but told me to try and get the money out of the other men first. He then made out a set-off. Mr Brassey addvesscd the Court for the plaintiff. Mr Macdonald replied, poJutmg out that even if there had ben a guarantee, it was not in writing, end was therefore not a legal one. 1 Judgment deferred. Court adjourned. On resuming at 2 o'clock the following business was gone through.

CBIPPEN V. CAMPBELL.

Claim, £50, damages. Mr Macdonald for plaintiff, and Mr Campbell for himself. Mr Macdonald said that in this year, 1878, the defendant authorised a professional gentleman (Mr J. B. Mason) to take charge of some property belonging to Crippen. Mr Campbell was nominally acting tor Thornally, who held a bill of ■sale from Crippen, but really on his own account to put Crippen to expense, trouble pnd annoyance to gratify his (Mr Campbell's) feelings. Crippen was a tenant, and the defendant had authority to enter the house and take possession. There were certain fees which Mr Campbell tried to press out of Crippen, which Crippen did not owe, and Campbell put in the bailiff illegally. J. B. Mason, sworn, deposed—l am bailiff of the District Court. I know Campbell, and Crippen, who resides in Sandes street. He has a wife and two children. Some little time back I receired some instructions" in writing from Mr Campbell. I producT these: instructions. I received a letler from Mr J. E. Dodd, warning me that I had committed trespass on-Crippen's house. '■■ I also'produce the bill of sale on which I acted. I had formerly taken possession of the same goods under the same bill of sale. I received the bill of sale a second time, on, the 3rd of May, and entered Mr Crippen's house, tnd after seeing a document Mr Dodd had in his possession, I went to Mr Campbell, and as he refused to give me any instructions, I withdrew the man in possession on my own responsibility. I have received fresh instructions (o take

possession from Mr Thornally, through Mr Cumpbell. The man in possession was in the house about three'hours. .

G. N. Biassey, sworu, deposed—l am ! a solicitor practising at Thames. Some time back a bill of sale from Mr Crippen came into my possession professionally. I transferred it t'ro*-i Binney to Tliornally. This is a certified copy of the lease. Tbornally let the goods to Crippen, the lease being reduced to writing. The assignment from Crippen to Thornally was drawn by me. * By Mr Campbell — I produce the lease. „ Fred. Crippen, sworn, deposed—l am an accountant, and am the plaintiff in this action. Being in want of money. I gave a bill of sale on some goods, which Thornally afterwards took possession of by virtue of the bill of sale; and lam a tenant of Mr Thornally, and am still in possession. My wife and family were at home when the bailiff was put in possession. I could not understand how it was, and went first to Mr Dodd and then to you. t When I saw you Mr Campbell was presont; you showed him his position, and he refused to withdraw the bailiff. You-explicitly asked him to do so.

By JVfr Campbell—You came to me and demanded costs of the transfer of the property. You said if the account was not settled you would take proceedings. Af terwardsMrDoddgaveyou£4onmyaccount. The money was' paid in my presence. I did not agree to pay £3 more for the costs. There was £1 Is which I did not object to. A month after I gave the receipt I received a letter from you asking payment of the £3, and the next day saw you in the street. You pressed on me the necessity of paying the £3. You might have said that you stood between Thornally and me, and did not want to inconvenience inc. I agreed to pay you a guinea, but objected to pay the remander.

[Left Sitting.]