RESIDENT MAGISTRATE'S COURT. (Before G. G. Fitzgerald, Esq., R.M.)

West Coast Times, Issue 269, 3 August 1866, Page 2

RESIDENT MAGISTRATE'S COURT. (Before G. G. Fitzgerald, Esq., R.M.)

Thursday, August 2. There was no criminal business before the Court to-day. CIVIL CASES.

Harvey v. Price. — Mr Button appeared for the plaintiff and Mr Reeß for the de« fendant. Defendant admitted a portion of the claim, and had paid £40 8g into Couit* It appeared that the plaintiff had repaired a atdre in Ilevell-street for the defendant.Particulars of the material used in the building, and the labor expended, were produced, and amounted in all to L 59 14s. A witness (plaintiff's partner) was called^ who stated that the materials mentioned had been used in the building in question, and that the labor charged was fair atld reasonable. The defendant contended t .at he had, in the first instance, been furnished with a document by plaintiff setting out the cost of completing the alterations and improvements contemplated, and plaintiff offered to contract to perform the work fov L4O, but the defendant ultimately agreed to have the work done by day work on the understanding it was not to exceed that sum (L4O). Mr Smith, architect, wascalled by Mr Rees, and was asked by him whether he was acquainted with house- | .building and measuring ; whereupon the Resident Magistrate reminded Mr Reea that Mr Smith was his "own witness, and was called as an expert. One or two of the items in the bill of particulars were objected to, which reduced the claim to L3l 88^ 4d, for which a judgment was given with oosts. Horn v. Mills. — Mr Rees appeared for the plaintiff and Mr South for the defendant. The plaintiff's wife some time back was in the defendant's service, and on leaving left some cloWes in- her charge. The plaintiff had both written and sent for the clothes, bnt defendant had • never sent them ; and plaintiff now sued to recover the value for their conversion, L4O 9a 6d Mr Rees called Richard Cox, who had been sent * up as special messenger to demand the clothes on behalf of the plaintiff. This witness failing to appear Mr Rees applied for an adjournment, to allow him to attend. Mr South objected to the adjournment, on the grounds that the plaintiff had filled to prove his case as to any wrongful con- • version, and drew his Worship's attention to the fact that the plaintiff had admitted that Mrs M. Mills had never refused to give up the clothes. The Bench refused the application. Mr Rees being unable to proceed with the case, in the absence of this witness, was nousuited, with costs. M'Mahon v. Dunlop.— -The plaintiff, sought to recover the sum of L2O damages, sustained by breach of agreement. Mr Rees appeared for the plaintiff, and Mr Button for the defendant* The plaintiff was nonsuited, on the grounds that the defendant was not of age, and consequently not liable, the Resident Magistrate ruling that a minor could not be sued for damages. " Nicolson v. Waite and Faulkner — Mr South appeared for the plaintiff. A judgment was given for the full amount claimed LlO 3s for work and' labor. A setoff had been filed, but was disallowed) the Magistrate being of opinion that the plaintiff was not liable. M'Quilkin v. Mackay — Mr Harvey ap- . peared for the plaintiff, and Mr Button for the defendant. Plaintiff non-suited with - costs.