CIVIL SIDE.

Thames Star, Volume XIII, Issue 4229, 21 July 1882, Page 2

CIVIL SIDE.

AttJOUBNED OabEE. Kilgour and Coombes r. J. Rourke, £B 13s 3d, goods, to October 27th.«-W. Wilr

kinson r. James Say, £3 11s, printing to July 28tb.—Clara Nash v. J. Christie, £13 143 Bd, goods, for a fortnight; costs 15s 6d,—G. ;,"N. Brassey v.T. Peateand-others, £5 ss, professional services, to next Court day.—-M. Casey ▼• Thames Paint Manufacturing Co., £16 2a 4d, goods. Mr Erassey for plaintiff. /Mr James Hawkes deposed that £15 odd had been incurred before the incorporation of the Company. Adjourned for a fortnight. Undefended Cases. John Cook v. James Mackay, £13, promissory note.—Mr Miller for plaintiff.— Judgment for amount, costs. £1 7s 6d. Bobert T. Penk v. James Maekay, £10, promissory note.—Mr Miller for plaintiff. —Judgment for amount, costs £17s 6d. Judgment Summonses. " j sheelock beos. v. h. t. eowe. Claim, £17 16s-Bd. Mr Miller for plaintiff; Mr Brassey for defendant. Defendant said he had given plaintiff a share in the Bonanza claim as security, but this was denied. Defendant agreed to accept an order to pay the sum of £18 11s Bd, half in one month and half in two months. Order made accordingly. E. WALKEE V. JAMES HICKS, Claim, £3 18 9d. Mr Miller for plaintiff. Hicks deposed it was as mu«h as he could do to keep his family of six on 8s a day. Adjourned tor a month, on the understanding that defendant should pay a trifle weekly towards the liquidation of the debt. Defended Cases, james clabke v. a. hanlah. Claim, £2 5s 6d, for goods. . Mr Brassey for plaintiff; Mr Miller for defendant. Alex. Henlan deposed he had settled with Clarke. He had been a contractor for the Borough, and Dunlop a subs contractor, and Ibbetson a sub-contractor under Dunlop. Defendant guaranteed j payment to Ibbeston for Dunlop Dunlop owes Clark money. Witness undertook to pay Clark £4, and £3 to Ibbetson for him. Mr Clark said it was not worth while making two bites at a cherry, to let him have the £7, and he would pay Ibbetson. Gave an order on the Council. About a month afterwards Clark carae to witness at Khortland, wanting him to pay the amount now sued for. He replied, if you wait a week I will pay yor. Clarke suggested that a fresh order for £7 should be made, and witness should undertake to pay Ibbotson. That would leave a balance in witness' favor, for which he could have money or goods. The order was paid so also'lbbotson. James Clarke, plaintiff, deposed that the agreement in McKee's, when the order was given for £7, was that witness,was to mark Hanlan's account-dear if Hanlan paid the boys (Ibbotson). The boys got their money from witness, Hanlan not having paid them. They came to him, and said Hanlan had sent them to him for payment. Joseph Barber deposed ,that the money due to Ibbetson and himself was paid twice, first by Hanlan then by Clarke. .Alex. Haalan, re-called, deposed that he never gave Ibbetson or Barber an order on Clarke. Ibbetson told him ia Auckland that he bad got the money on bis order from Clarke. Ibbetson admitted drawing it twice, ard promised to refund the money. Adjourned for a month for the production of Ibbetson, costs to be costs of suit. . CHAS. MCDONNELL V. W. H. WAKEHAM 1 j „ Claim, £2, moneydue. *Mr ixiller for plaintiff. The plaintiffs formerly a fruiterer, -de--posed that some time ago he was compe'leJ to visit Auckland. Asked Wakeham toeadeavor to sell the fruit, lollies, &c. He replied he could get £4, and witness sr.id "Take it." Did not authorise Wakebam to deal with the fitting* or furniture, as he said he c raid not be bothered, with it. Sold the gas fittings to Mr Newman himself, but ascertained that Wakeham bad sold them to Mr Muir for £2. H# offere«||to give £1, saying that was all he received. Wakeham did not tell him on the morning of the 14th that he would settle for the gas fittings when witness came back from Auckland.

W. H. Wakeham deposed that he sold the gasfittings five wesks ago. When McDonne! was in prison he sent for him, and instructed him to do the best be could for him with the whole of the things in his place. McDonnell wanted £5.' lie sold everything except the gasfittings for £4>, and took the gasfittings himself for the £1, as that would make up the amount McDonnell rpquired. The next day Newman came and said he had bought tbe gasfitt'ngs from McDoanell for £1. Witness told him they were his, and sod them some time afterwards to Mr Muirfor £2. Witness char?* d 10 per cent for lm trouble. Serjjt. < >'Gr?dy deposed that be understood Wakeham wa9 acting as friend for McDonnell, and cot as an agent. ; His Worship said that £4, had been receive d, and £2 for the gasfittings. Wakebam bad no right as a.ent to purchase the gasfitiinajs without consulting his client, winch he carefully avoided doing. He would be allowed 13s 6d commission, and judgment given for the ba'ince, £L 6s 6d, ! costs £1 9s 6d. V; Plaintiff: I give notice of appeal, your Honor. His Worship: Certainly, if you wish it. Mr Miller : He cannot appeal for any amount under £5. ■ ; BANK OP HEW ZEALAND V. JAMES WriSON j ■■' •■'■■ AND OTHEES; ■ ■■• : j Claim, £49 18s 9d, money edvanced. Mr iMiller appeared for tbe plaintiff. The defendants (James WiUon, A. McCollum, and B. T. Douglas) were unrepresented by counsel. Mr Miller explained, that the amount was advanced to a tribute.-^- Some of the parties had not been sued because thef had paid their share. On October Ist a change was made in the name of the tribute from Hearn and party to Wilson and party. J»mes Wilson deposed he was manager of the tribute iv Greenville's mine known as Wilson and party. The bank book was correct, but a cheque for £76 Is was held back for two months. They always took the bank book as their guide, and .never reckoned upon the bank making a mistake. He did not remember at the meeting after the cheque was drawn that auything was said about t'»is c-ieque being omitted. He did not know that it was not charged; he left the matter to Mr Fleming, secretary. He did not recollect anything being said, at a meeting that tbe cheque had been omitted, and it did I not matter aa the bank would find it out some time or other. Latterly ho found I out that McCollum bai something to Wo with Mr Douglas; Varney with

Norbury; and Tetley with Smith. (Mr Douglas here intimated to the Court that he would admit everything ia the minute book referring to himself.) To the Court: Hehad been a shareholder from the first. He understood latterly th»t } Douglas had an interest in McCollum's share, but his name was not in the tribute. If that £70 had been debited he would not have done so much dead work. Mr Murray himself was one of the shareholders. Several persons sold out, and he would have sold out too if he had known there was £76 overdraft.

[(Left sitting.)