RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 168, 27 April 1871, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., It.M.) Monday, April 24. Walsh v. Tanton. — This action was brought to recover the sum of £12, being two months' rant, informally paid to Mr. Hayes, the non-authorised agent' of Mr. Walsh. Mr. Copland for plaintiff. Defendant pleaded not indebted. Mr. Copland, after opening the case, called E. Walsh, Avho deposed, that the defendant was a tenant of his, and that he was indebted to him in the sum of £12, being two months rent due from the Ist of January to the 26th of February — sight weeks rent at 30s. per week. He had received no rent from Mr. Tanton. John Tanton, sworn, said — Mr. Hayes, who is, I bslieve, agent for Mr. Walsh, let me the Camp Hotel. I was to pay rent monthly in advance. Mr. Walsh did not authorise me to pay rent to any one. Mr. Hayes let the house to Mr. Harrop. I concluded as I rented the house from Mr. Hayes that he was the authorised agent.

Cross-examined by Mr. Copland — I ; paid the rent to Mr. Hayes. He produced no authority. My defence is that I have paid the rent to Mr. Hayes. Mr. Hayes tried to let the hotel to me ; he wrote stating terms, which I refused. 1 subsequently took the hotel.

W. Hayes, sworn, said — Mr. Walsh came to me and desired me to fiud a tenant for the Camp Hotel. After five weeks negotiation, Mr. Tanton took the hotel ; Walsh, Tanton, and myself were present in my office. I sent Mr. Walsh

a cheque for the amount of rent collected by me, less my charges, commission, & 0 . During the delay of procuring the license I let the house to Mr. Harrop. Mr. Harrop was rebuilding at the time. Cross-examined by Mr. Copland — I have no written authority. I do not know that Mr. Jamison is the authorised agent for Mr. Walsh. Mr. M'Ooy, Barrister, examained, deposed that Mr. Hayes, acting as agent for Mr. Walsh, gave him instructions to draw up the lease, &c. The Magistrate gave judgment for plaintiff for amount claimed and 19s. cost, remarking that the evidence disclosed no written authority to collect moneys. Although a landlord might consider it judicious to authorise a party to let, it might be veiy injudicious to allow him to collect rents. Therefore the Bench considered the amount still owin^ to Walsh. R. Lancaster v. JD Hunter. — Claim of Lls as commission for selling defendant's hotel at the Beaumont. R. Lancaster stated that some time since Mr. Hunter called on him to find a buyer for the Crookston Hot?!, and agreed to do it at 5 per cent, on the purchase money. After bringing a party to Mr. Hunter on sev ral occsisions, and a deal of correspondence the transaction was completed. At this stage Mr. Lancaster applied for an adjournment till May Ist. — Granted. R. Lancaster v. J. Donovan. — Claim of L 6 155., being the price of a pig and other goods. Mr. M'Coy for defendant. R. Lancaster, sworn, said — I sold and delivered the pig for L 3 15s. to defendant. I saw it afcerwai'ds at Air. Donovan's. In reference to the voucher for L 3, I had it in my hand in defendant's bar. Donovan made, a grab at it, saying, " I went that ; I am short of 'sugar.'" I saw him going into the bank with it. Cross-ex imiued by Mr. M'Coy — I stood at the bar door. When Donovan grabbed the cheque he bolted down to the bank with it like a flying pieman. I never saw the book now produced before. I positively swear I never tore a leaf out of it. I do not recollect the day 1 squared tip with Donovan. I paid him L 23. 1 have not owed him anything since that time. John Donovn, sworn, said — I received a pig from Mr.- Lancaster. I paid him for it. The pig weighed 160 lbs. Mr. Lancaster gave me a Government voucher. My book will not show the account between me and Lancaster. Mr. Lancaster tore out the leaf. He paid me LI 165., which was the amount of my account against him. I owed Mr. Lancaster nothing at this time. Mr. Lancaster was present when 1 made up the book produced. It was in settlement of his ace >unt. he gave me a cheque. Judgmei.t foi." amount claimed, with co it. Execution, not to issue for seven days' to give defendant an opportunity of producing a contra account. jR. Lancaster v. W. Strean. — Claim of L 35 18s. Bd. Adjourned until Monday, the Ist May. Roivlins and Hatch v. Henry. — Mr. Copland for plaintiff; Mr. M'Coy for defendant. LI l(ss. paid into Court. : Mr. Coplai.d stated that the plaintiffs agreed with Mr. Henry to cut wood at 6s. per cord, and posts at the rate of 10a. per hundred. Mr. Rowlins deposed that he and Hatch had agreed to cut timber as stated. They had cut and stacked eighty cords and 140 posts. They had not received payment for any portion of this contract. Mr M'Coy, for defendant, denied liability. Mr. Henry was quite willing to pay for any goods he has t^ot. I Plaintiffs non-suited, with costs.