RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIV, Issue 4645, 23 November 1883, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Eenrick, Esq., R.M.) W. Brown v. E. McCoid, claim 17s sd, goods supplied. Judgment for plaintiff, with costs 7s. J. A. Miller v. J. Blain.—Claim, £2 6s, professional services. Judgment for plaintiff with costs, 7s. J. A. Miller v. J. W, R. Guilding.— Claim £4, professional services. Judgment for plaintiff with costs 7s. R. A. Wight v. J. Vuglar.—Claim £5 6s 6d, goods supplied. Plaintiff's brother deposed to the goods being gent, and that defendant had admitted the liability. Judgment for plaintiff with costs 21s 6d. J. Kilgour v. W. Newman.—-Claim £19 12s, judgment summons. Defendant deposed that he had not been able to pay, and when examined by Mr Miller, gave a detailed account of his position. He expressed his willingness to pay when able. No order made. . Defended Cases. . c. htjnteb t. f. ashman. Claim, £3, for a violin sold; Mr Lush appeared for defendant. R. Hunter deposed that he had sold a violin to defendant, for the sum claimed. He had also ordered a suit of clothes from defendant, which had not yet been delivered, and defendant was keeping the violin as security for the clothes, which plaintiff would not take when offered on account of a previous contra account not being allowed. It was not true that the violin had been sent back ; Mr Ashman's son brought it with him to have a lesson on it, but took it home again with him. At the time of the fire witness had a violin of defendant's on sale, but it waa burnt, and he had paid defendant 10s on behalf of it. He paid nothing towards the suit of clothes; ' Frederick Ashman deposed that his wife had told him in Hunter's presence that the latter had paid 10a towards the suit of clothes,.

Margaret Ashman, wife of last witness, deposed that she had. never bought the violin, and had sent it back several times, but Mr Hunter would not take it back. She never gave plaintiff a violin for'sale. Plaintiff bad paid 10s towards iiis clothes, and witness was to keep the clothes till the remainder of the money was paid. At the same time he said that he would give the violin in dispute in place of the one destroyed by the fire* She was wil* ling to give, the violin back now, if plaintiff would pay the 30s for the one burnt, and would give ,up the clothes if the balance owing on them was paid. Frank Ashman, a lad of about 14, deposed that he had never bought the violin in question, nor had he given bis own violin to Hunter to sell. His Worship said it appeared plain that there had beenno sale of the violin, and that the boy's violin had evidently been left with Hunter to be tuned. Defendants had shown no reason why the violin should have been detained by them, as they had no lien on Hunter for the one destroyed. He would therefore give judgment for plaintiff for the amount claimed, to be reduced to Is if the violin was delivered up within 24 hours, which wasdone immediately on the case closing. D. MILLER V. K. ONYON. Claim, £15 15s, amount of contract. Mr Lush appeared for pkiatiff, and Mr Miller for defendant. Plaintiff deposed that he was trustee in the estate of Thos. Grundy, and. took this action, in that capacity. He bad claimed the debt from the defendant, and he bad refused to pay it unless a set-ofi for £4 15s was allowed. Thoa. G-rundy deposed tbathe arranged with Mr Onyon to tow a cargo of timber to Te Aroha for £10, and 2s per 100 feet for all on the steamer, which came to £5 15s. A derrick broke while unloading the timber, which cost 3s 6d to mend, the work being done in an hour, while Mr Onyon charged £4 15s for repairs. Mr Onyon also told him that the derrick was for the purpose of unloading the punts, and no charge would be made for its use. Mr Miller contended that the action was one for the Bankruptcy Court to settle, and quoted sections from the Act in support of his assertion. He admitted the debt, and 'was ready to pay it less the set-off. After some further discussion, the case was adjourned to the 7th of December. This was all the business. Adjotjbned Case. E. A. Wight v. G. and E. Kates.— Adjourned for a fortnight.