RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2971, 23 August 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Fraser, Esq., R.M.) CIVIL SIDE. Judgments fob Plaintiffs.

In the following cases judgment was given for plaintiff's, with costs:—M. H. Payne v. 0. G. Farrar.—Claim, £2 2s, professional services, and costs 19s. E. McDonnell v. McGeehan.—Claim, £3 3s 9d, goods, and costs.

Defended Cases. gentles v. melhoße. Claim, £8 6s 6d, balance due on sale of shares.

Mr Brassey for plaintiff; Mr Macdonald for defendant.

Louis Melhose, sworn, deposed—l am the defendant. I know the plaintiff. In the month of August last I purchased five Alburnia shares for him from Mr Morton at £9 5s each, and booked them to plaintiff. I subsequently saw him, and asked him if he would sell the shares, This was on the 20th of August. He would not take the £13 a piece I offered him for them. About 10 minutes after he told me to sell them for £13 5s to Adam Porter, but Porter did not take them up. I paid Gentles £10 on account, expecting to get the balance from Adam Porter. Porter refused to take them up after they had fallen to £4 ss. I did not tell him 1 thought I was entitled to commission. (At this stage witnesses were ordered out of Corrt.) I did not admit I owed Gentles £18 6s 6d. Subsequently I paid Childerhouse, Gentles' partner, £10, as Childerhouse said he was a poor man. I told him I would pay the balance when I got the money from Porter. I paid the £10 on account of Porter. Alfred Gentles, sworn, deposed—l am

the plaintiff. Melhose asked me to sell the shares for £13 5s as he had a buyer. Ho would not tell me the name of the buyer. Some three or four days after I wont to Melhose to get a settlement, and lie said he would pay me when he got the money from Porter. His Worship said from the plaintiff's own evidence and that of Mr Melhose, ho could see plaintiff had no case. Plaintiff nonsuited. Costs, £111s.

Court adjourned.