RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4241, 4 August 1882, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Eenrick, Esq., E.M.) , Judgments for Plaintiffs. C. Nash v. J. Christie; claim, £13 14a Bd, goods ; costs £2 13s.~Mr Miller for plaintiff, Mr Brassey for defendant. I. Hopkins v. H. W. Gleye; claim, £1 119, goods, and costs 23s. —Mr Miller for plaintiff. ; Alex. Earl v. Kichard Boss; claim, £10 6s Bd, goods, and cost 19s. : Wm. Bobbett r. Maurice Kelly and Lipsey; claim, £35 18s Bd, goods, and costs, £3 4s 6d.—Mr Miller for plaintiff, Mr Brassey for defendants. John Bead r. John L. Fathers ; claim, £4 4s lid, goods, and costs 12s.—Mr Miller for plaintiff.

Adjoubned Cases. F. MoCormick ?. Agnes Baxter; claim, £4 5s 3d, goods.—Adjourned for a week. Mr Brassey for defendant. Win. Wilkinson v. Kelly; claim, £13 ss, printing.—Adjourned for a week.

I W. DEEBLE V. H. M. JACOBS AND WIFE. ! Claim £15 18s 4d, money due. Mr Brassey tor plaintiff, Mr Miller for defendant. This case had been before the Court i previously, but in the absence of certain evidence a nonsuit was ? acepted. There was a joint proprietorship in the cutter Chelsea, and plaintiff had certain repairs effected. Defendants demurred to sharing the cost ! on the around that no authority had been given by them to incnr ; the liability. Fresh evidence having been obtained, the case was brought on again. , £/ -' Wm. Deeble deposed thafohe had no; receipt for money paid to Capt. Anderson for cleaning out the boat; this was when she was swamped at Tapu. Defendants said anything wanted doing to the boat he was to do it, and they would pay their share. The boat then required repairs. When the Donovans had the boat, Mrs J.acob's asked him to get a piece of copper and repair the mast. It was because Mr"; Jacobs was solicitioUß that repairs should be effected that he consented to do so.

Witness wanted ti sell in November, and wrote to defendants to that effect, giving it as his opinion that it would not pay to repair her. ( Letters produced). John Donovan, mariner, deposed that in September last year he was sailing the cutier Chelsea. When he took her she was in no repair for anyone tj go aboard. She had no bulwarks, and one had to stjp into a .bunk to get into the cabin at all. She leaked a little at the stem, and required some gear. On the first trip down he and his brother went into Mr Jacobs' parlor upon invitation. Upon telling Mr Jacobs that the boat badly wanted repairs, he said he always referred to Mr Deeble to get these things done, and it was Mr Deeble's fault the boat was hot done up long ago. Mrs Jacobs was present. He offered to give witness a handwriting to Mr Deeble, but he replied thathe did not want it, as he thought MiTOeeble would believe him. , Mr and Mrs Jacobs several times told him that Mr Deeble would have to repair the boat. Upon asking for copper for the mast,, they said if Mr Deeble would not get these things, to get them himself, and they would pay for them.

Edward Donovan, brother of last witness gave corroborative evidence. H. M. Jacobs deposed that he did not tell the Donovans that he referred them to Mr Deeble, nor did he send a message to Mr Deebie by Donovan requesting him to repair the boat. The nest time he saw Donovan he said Mr Deeble would not procure the,.copper, he would not spend another penny on her. The boat never had bulwarks, , nor were they necessary. What the Donovans swore was false.

Mrs Jacobs gave corroborative evidence. The smart replies which she gave Mr Brassey during the cross-examination provoked much mirth. ■' She did not authorise Mr Deeble to expend any money on the boat because she did not think it wanted repairing.