CIVIL SIDE.

Thames Star, Volume IX, Issue 3067, 13 December 1878, Page 2

CIVIL SIDE.

Judgments fob F&iintif:fs. , '* In .the following cases judgments were given for the plaintiff* witb costs : — Maid^nald and Mille- v. R. M. Mitchell —Claim £2 17s 6d, professional service*, and cosis 19s. J. W. Wade v. H. Brown —(Jh m£4 14s, goods, and costs £2. Ludlow v. Thompson—Cla;ii £7 18s 3d, goods, and costs 18s. Casey y. Hunter and George—Claim £14 13s, mining timber, and costs £2 13s. Lamb Bros. V. I Nonpareil G.M.Co.—Claim £5 15s 4d, mining timber, and costs, 23s (subject to production of certificate of incorporation of tbe company). W. H. Drew v. J. Mcßea —Claim £1 15s, goods, and costg 191. Judgment Summons. ' ~l- KINBELIA V..BEIMNBE". j

Claim, £5165. . , . „ !. William Brimner, sworn, deposed—l am the person against whom E.insella obtained a judgment. I have not paid him 'anything since then, as I have rot got the means. I have farming implements at Taranaki — a reaping : machine and a plough. ; Order made that defendant pay the debt in one month, failing payment io undergo a month's imprisonment, at Mount Eden. VATXCraAN V. BABNETT. ' Claim, £8 10s. : . Defendant did not appear. Order made that defendant pay the debt; by 20th inst., failing payment to undergo one month* imprisonment at Mount Eden.

ft . Defended Cases.; ■ „ MACDONALD AND MILLEB V. M(COBMICXJ I Claim, £1011s 7d. , . . . ... • Mr Miller for plaintiff, and Mr Brassey foP defendant. •"•' ">" r- (

William Welsman Ashby, a clerk to Macdonald and, Miller, proved, ,the delivery of the bill to, defendant's wife. ' James A. Miller, sworn ; deposed—l am one of the f^rtaers of the firm pf Macdonald and-Miller. I know defendant. .He; is indebted: to the firm for amount claimed* being balance due for professional services. "The prices charged a.c. fair, and reasonable. Defendants sol'citbr filed his ' intention t6'defend the case under the defendant's babkrtiplcyj - By Mr Brasßeya»-Mrs McCormick has paid me several sums! The bankrustfcy ' charges we.c to be £20, and; I know Mr Mace*on aid did not agree to put it through for £15. The fees were ia-respect-to-his bankruptcy, and I .old his wife our fees were £200;■ " : ',^ .f.yoH ]- ; Mr Brrssey submitted that this dejbf had not been inoared after the discharge, and the action mustfail. , .r ,„^ | John W Poa'RraiD, sworn, deptJ*»d^-I am a clerk in Mr Miller's employ. After de-, fendant got the order of discbarge I^wdnt ' afad a'^ked him/oisigii it— £l2 [)xi^-peen paid—but he objected to' sign i£, 'as ■it was for one month; and he could not pay it in thai time. He did not object to th amount. ' ' > •♦ ! ' J. McCormick, sworn, deposed —I mtde the; arrangement with' Mr Macdonald. He said it would cost £15, ahd 1 thought it too muohr He said hb would see <Mr Miller and see if it "could |b3 reduced. That is the reason I did net' sign the promissory note. ' Mr Miller said he was willing to take a judgment for £6. Judgment for plaintiff £6, and cost* £2 15s. ' ! B. N. SMITH V. PBEECE. Claim £5 15s lOd, goods, grazing, and rent. i Mr Miller for plaintiff. The defendant admitted the debt, except £1 7s for rent he had not got credit for; and he had been charged 13 weeks, at 3s per week for grazing a horse, when' he had only owned it for two or three weeks. The greater part of the time a man in Smith s employ had owned the horse. Judgment for £3 19s 10d, costs 19s. CALDEB V. BKODGBABB. Claim £10 103 for attending at Ohioemuri (o paint two pictures, 10s steamer fare, £4 price of share in Banyan claim —total, £15.. Mrßrassey for plaintiff'and Mr Miller for defendant. Mr Braasey slated that an agreement had been" come to between the two parties Tor plaintiff to paint defendant's and his wife's pictures, tfye plaintiff having to proceed to Ohmemuri to paint them. When \e went up there defendant informed him that his wife could not be prevailed on to have her picture painted, and the affair fell through. He therefore claims for the 10 days he had been at Ohinemori, and 10s steamer hire. The other cause, of action was f6r £1, the pric9 of a share in the Banyan claim purchased by defendant from plaintiff, but for which he had not paid. His Worship adjourned the Court till two o'clock. • ■ " . *\. On resuming at two o'clock— ■ , Mr Miller said defendant's defence was that there was no contract, or if there was a contract it should be in writing, under the Statute of Frauds, as the contract was for- over £10. , . . John Calder, sworn, deposed—l am an ■artist, and Snodgrass -asked me to paint his and his wife's pictures. I told him it would be £20, and I subsequently agreed to do them for £8 each, as defendant would allow me to live at his place while I was at Ohinemuri painting the pictures. I we it to Ohinemuri, and Mrs Snodgrass would not have her picture taken, so ulti jrtely Snodgrass would not have the picture: taken. I was ten days away. at Ohinerauri, and 0 claim £1 1b per day. He also owes me £4 for a share in the Banyan claim. By Mr Miller—Defendant was quite sober when he first spoke about the pictures. Theve is no writing between' us. I was to provide the materials and paint the pictures. The Banyan claim was not being worked at the time I

sold the share. He was to give me £4 for-it, and lhat sura did not include the painting of defendant's name over his door.

; Joseph C. Williams sworn, deposed— I recollect a conversation between the plaintiff and defendant in my bar aboui defendant's and wile's pictures being painted by Mr C'alder. Snodgrass agreed to, the pictures being painted at Ghinemuri, be to board plaintiff while there. Plaintiff nonsuited. No costs. M£Jili?Hr V. SMITH. Claim £9 12i 6d. packing. Mr Miller for plaintiff. Defendant said he had been over charged by plaintiff. Defendant then went into accounts which rcsaUed in the debt being reduced to £7 7s, for which judgment was gi7en, with £2 16s costs. Court adjourned. ■