RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3522, 9 April 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., 8.M.) CIVIL SIDE.

Judgment foe Plaintiffs.

Mcllhono t. Maramana te Tapanui; claim, £6, balance of account, £3 19s had been paid into Court. Judgment for £2 Is, and costs £2 Bs. A. Gillan v. Branston; claim £5 13«, dishonored order, and costs £2 7s. J. Nodder v. Godwin ; claim, £3 4s rent, and costs ss. C. F. Quint y. J. O'Neill; claim, £6, board and lodging, and costs.

Defended Cases.

J. NICHOIIS V. P. 3. PEBBY AND OTHEEB.

Claim, £7 9s 3d, goods. Mr Miller appeared for Mr Perry, the only defendant served, and Mr Brassey for plaintiff. P. J. Perry, sworn, deposed—l am the defendant in this action. During the months of October and November last myself, with Messrs Quinlivan and White, were engaged in a cattle transaction. Mr White was not the managing man. There was no partnership, but we were to bear the expenses in equal shares. Buckland sold some cattle on our joint behalf in November, and we each received a portion of the proceeds. I remember 25 men being engaged to drive the cattle out of the bush. I paid my ■hare of that, but objected to it at the time. I never had any meals at Kerikeri provided by Messrs White and Quinlivan. I always took my owfHunch out with me. I never ordered goodffwom Nicholls, nor was my horse fed by Messrs White or Quinlivan. John Nicholls, sworn, deposed—l am the plaintiff in this action. I performed the services and supplied the goods in the bill of particulars on behalf of the three parties. '.White gave the first order. The order was given on behalf of the Company. Saw Mr Perry about some oats on the 13th of November, and got a written order to get groceries from Hewin's to take out. The order was signed by White. Have held the three persons concerned responsible for the work done. Paid also harbour dues to Mr Davies for cattle landed on behalf of the firm.

By Mr Miller—l swear Mr White never aiked me to sue Mr Peny, but he said if the account was not paid by others he would pay it. I applied to Mr Perry several times for the account, but many .of the items were ordered by Mr White. AH the goods I toojc to Keiikeri I charged to the firm. White informed me that Quinlivan had been taken into the firm, and the provisions taken out were for the men engaged working. When Kingsford ordered the oats he said the horses were starving at Kerikeri and to send out the food. I purchased a portion of the stores mentioned in one of the items and paid for them cherging them against the firm of White and Co. I was told that I would be paid when Mr Perry returned from Waikato with the money obtained for the cattle. I sue Perry because he obtained the money. Alexander WBite, deposed—He had bcea residing on the Thames for somo time. In October and November of last year, was in. partnership with Messrs Quinlivau and Peri'y, shared in the profits and losses. Had bought some voot*i9 at Kerikeri with Messrs Perry and Quinlivan >rom Townsand and Edwards. Found after buying them that the cattle could not be got out of the scrub. It was decided to employ men to assist in getting the caltle, and arrangements were made to tfi I the men while they were working. The goods were obtained for the men employed, and were used by the three partners and rae men. Had toldNicholls that the goods were for the company of which Quinlivaa was one, end that he was responsible for half of the cost. Perry fed his horse with food 'from the common stock when at Kerikeri, and sometimes took meals there. When the money for the catlle was received it was divided, but the bills were not paid. Witness was willing to pay his share, but Perry refused. He had never toldNicholls that he would pay the whole amount of the account, but would pay a portion. Perry and Quinlivau had paid their share of the wages to the men. Kingsford had been engaged by Perry, and witness some months previous, and then afterwards he worked for the company. Montague Kingsford, deposed —That in October of last year he was engaged by Messrs White and Perij. The evidence of this witness corroborated that of the last witness.

John Black more, deposed—He was a carter for Mr Baker, but now in, the employ of Mr Nichols. The evidence went to prore that Mr Perry bad given instructions to Mr Nicholls to get some horse food and groceries and to take the same to Kerikeri.

J. B. Ferry was re-examined, and denied that the goods ordered were for the joint benefit of all the partners, and that they were not partaken of by all concerned.

J. Quinlivan gave similar evidence, after which Mr Miller addreised the Court for the defence.

Mr Brassey commented upon the evidence, after which His Worship gave judgment-for the plaintiff with costs. The case Diiscoll r. Bestic, to recover £12 odd, for goods sold and delivered, was proceeding when we went to press.