RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3998, 21 October 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., 8.M.) CIVIL SIDE. Judgments fob Plaintiffs. J. E. Hanseu v. J. H. Smallman.— Claim, £25 19s Bd, goods supplied ; costs, 28s. J. C. McEoberts v. T. Clark.— Claim, £1 10s 3d, goods supplied. Same t. Graham.—Claim, £6 12s 6d, goods supplied. Adjoubned Cases.Abi Pepene v. Collins.—Claim, £4 ss, costs in a recent action in the It. M. Court. Taipari v. Konui.— Claim, £45. E. Wiseman v. Hamiora Man^akahia.—Claim, £7 3s 6d, goods. J. C. Mis t. S. O'Neill.—Claim, £3 4s Bd, goods supplied. FAGG V. E. GOLDIE. In this case plaintiff asked that an order be made requiring defendant to quit the house he was living in, as he had often promised to do. The property was his, nnd he had several times given defendant notice to quit. Order made that defendant leave the house before 10 a.m. on Monday next. Defended Cases. j. letdon v. jackson.

Claim, £2 14s, goods. Mr Miller for piaintiff, and Mr Brassey for the defendant.

J. Leydon, sworn, deposed—He was some little time ago shipping some goods to Coromahdel by the cutter Otahuhu. It was in the evening. All the goods were on boatd except a case of matches, when defendant who was a little the worse of liquor, came up and was going to put the case on board the boat. Witness told him to put them down several times, and by some means the matches were dropped into the water., He was not in a paiticu lar hurry to get away on that day. Was certain he did not ask Jackson to put the matches on board.

Wm. O'Brien, Mr Leydon's assistant, remembered the time when the matches were lost overboard. It was in the morn* ing. Leyden did not ask Jackson to hand down the matches. They were in a hurry to get. away. Did not know how the matches got. into the water. The boat was swaying about a bit.

Jackson, the defendant, deposed that on the .morning in question, he was helping Mr Leydon to get a piano into the Otahuhu cutter, at the end of Goods - Wharf. Leydon was in a hurry to get away. A case of matches were lying on the wharf, aud Lsydon asked him to put them on board. He picked them up and was going to throw liiem down to one of the men, when Leydon told him not to do so. The wharf was slippery, and in turuiug round he slipped, and the matches dropped out of his hands into the waier. Had he not let go the matches he would have fallen off the wharf himself. He was not at all uuder the influence' of liquor. Jones, one of the men on board the Otahuhu, was called, and corroborated most of last witnesses' evidence. When Jackson called out to him to catch the case, he told him not lo throw it.

After the address of counsel, His Worship said he thought the affair was an accident, and that Jackson evidently tried to pul the case ou board to help the plaintiff. The case would be dismissed, plaintiff to pay the costs. J. COCKS V. C. PAGAN. Claim, 15s, rent. Mr Cuff appeared for the defendant. After hearing the evidence, His Worship gave judgment for plaintiff.