RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4349, 8 December 1882, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Eenrick, Esq., E.M.) Judgments fob Ilainiiits.

J. G. Morris v. H. and W. Reid.— Claim, £1118s lid, goods ; costs, 255.— Mr Miller for plaintiffs!

Battalion G.M Co. v. Donald Downie. — Claim, £1 4s, calls, and costs.—Mr Miller for plaintiff.

Robert Farrell v. James Williams,— Claim, £12 16s, timber, &c, ; costs, 12s.

Same v. W McLean.—Claim, £3 16s 89,. for timber, &c. ; costs, 7s.

E. Onyon v. J. W. Thorpe.—Claim, £17 14s, balance due on P.N.; costs, £1 9s 6d.—Mr Miller for plaintiff.

Auckland and North Shore Ferry Company v. A. J. Thorp.—Claim, £6 14s 4d, freight; costs, £1 6s 6d.—Mr Miller for plaintiff. \ Defended Cases. BOBEBT BRYSON V. W. B. BAKEB.

Claim, £15, breach of agreement.

Mr Miller for plaintiff.

Robert Bryson deposed he is the owner of a spring .'bus, and Mr Baker is the owner of a spring cart and harness. In June, 1881, an. arrangement was made for an exchange of vehicles, Mr Baker to receive £15; which was paid Did not see Mr Baker's 'bus, but he said it was as good as new. Upon seeing it witness said it was not as represented. Mr Baker said he would have it done up at once. He told witness there was no necessity to seed down his 'bus, as it would only be lying on his hands. Saw Mr Baker some months after with Mr Penk as a witness. He then promised to knock off using it, have it done up, and deliver it at once.

Owen Griffiths that deposed some months ago Mr Bryson requested him when at Paeroa to call upon Mr Baker and ask him to send up the 'bus. He did so, and Mr Baker promised to send the cart.

Mr Baker deposed that the agreement was that plaintiff was to deliver his 'bus before the cart was delivered. Mrßryson was to deliver it by steamer next day. Witness had used the cart nearly every day, and it was better now than then, on account of additions. Mr Bryson saw the cart, but witness had not seen the 'bus for six or seven years. Mr Bryson was now using his 'bus as a fowl-house.

Henry Mattock deposed be had seen fowls roosting in Mr Bryson's 'bus.

Judgment for amount, to be reduced to Is if the spring cart with harness is delivered in one week at Paeroa. Costs. £3 13s.

P. K. DONNELLY V. H. E. CAMPBELL:" " ~-'™"Gl(tim,-£13,-wages.. —- —.—— .-J=~-~_—-—-

Mr Miller for plaintiff.

Mrs Bridget Donnelly, wife of plaintiff^ deposed she worked for defendant for a fortnight, attending to.his wife, who was sick ; charged 15s a week. Charged for 18 weeks' domestic service, two days a week, and besides this did washing and ironing at her own house. '] She usually gets 5s and two meals a day when she goes out, but she got no " grub " at Mr Campbell's" Mr Campbell gave her £2 on account, and promised the balance when,he rficeived his wife's legacy. Did not say that in consequence of what he had done for her husband she would do something for him. Mr Campbell never pressed her to take money and she refused- Mr Campbell did not tell her when he got the legacy. P. K. Donnelly gave corroborative evidence.

H. E. Campbell deposed that on March 7th, he had occasion on account of pressing offers by plaintiff's wife, to send for her to do some work. She would take no money-, saying that she was only too glad to have an opportunity of doing something for him in his trouble. She came several times to put the house in order, but would take no payment. One reason she would not take remuneration was that he had made her little presents which were of service to herself and children, which would counterbalance anything she had done. He pressed £2 on Donnelly for his wife's services, although he was unwilling to take anything. Never was pressed for money, and was never applied to by her for payment. Donnelly undertook to protect him at one time when he was in a nervous state.

His Worship said that judging by thß terms of intimacy which had existed between the parties he.thought the work was done out of friendship, and this payment was an after-thought because of the subsequent quarrel.

Mr Miller accepted a nonsuit without costs.

JOHN SHEABD V. ALEX. BKTJCE AND H. ENDUES.

Claim, £9 12s, wages

Mr Miller for plaintiff. Plaintiff deposed to working for defendants in the Oriental claim, Otunui. He is supposed to be a shareholder in the claim, Bruce gave him leave to take the transfer, but Endres would not do so until he consulted with Bruce. The amount was £10, to be worked-out, but £15 was inserted in the agreement, so that people might think the shares were of more value.

Defendant, Bruce, said that plaintiff had not worked properly. His Worship pointed out that plaintiff was entitled to £6 4s, wages, but as he could not sue a partner, the balance, £3 8s; could not be recover without suing for a dissolution of partnership. Finally defendants consented to judg ment for the full amount. Costs, £2 3s 6d.

WM. TOWEEB V. BBUCE AND ENDBES. Claim £10 13s, wages. Judgment confessed ; costs, £2 4s 6d