R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3540, 19 June 1890, Page 2

R.M. COURT.

MASTERTON-THURSDAY. (Before Colonel Roberts, R.M.) n E. Porritt v. J. Rubin.—claim ; ; M, for bicycle sold. Mr Pownall for plaintiff. Judgment for amount claimed, with 10s costs. W. Neill v. B. Potter-claim Si lis 4d. Judgment for amount, with costs 6s. ...■■".■'..' W. Neill v. Geo. York—claim £ll6a Bd. Judgment for amount, with costs 6s. J. P. CoWiev. Cade and Harrison -claim for order given on defendants by H. J. Westbrookfor jEI 12g. Mr Pownall .for plaintiff, explained that defendants had admitted tbe correctness of tbe order when delivered, but ■-' had now disputed it. J._ P. Cowie, sworn, stated he received an order from Westbrook in February for £l l2s. Heprescntod the order to Mr Oade, who said it would be alright. Cade did not take' ''" tbo order away with Mm, but he had ■'"" it in his baud. Had asked for pay- . ment since, but Cade reckoned West-. brook was then in his debt, and he could not pay it, Plaintiff; Where.■ was• it--you showed me that order ? Witness: In ray office." - To Mr Pownall: Have no doubt but that I showed Mr Cade the order.

J._ D. Cade, sworn, stated ho received an account from Westbrook a month ago. Saw the entry on'the account for order on Cowie for £1 12s. Tlis account was sent baok as they did not acknowledge the order. He had an account of his own for Westbrook, which was made out oa Saturday last. At the date of the supposed order he did not know what was owing to Westbrook. Had no conversation with Mr Cowia in his shop about an order, Before the thrashing was done ho oould not say what amount was duo to Westbrook.

For the defence Mr, Cave subI milted that he had only consented |to pay the order on condition that 150 bushels of oats were forthcoming, These were not delivered, and be therefore did not recognise the order. The Bench-said it did not consider that any evidence had been given to show that tbe order had been given. Plaintiff would'therefore be nonsuited.

S. Lyons v, P. Wagg. Claim ±6 Bs- for amount of execution warrant. This was an interpleader action, Mr Bunny appeared for plaintifl and Mr Pownall for defendant.

W. Wilson, laborer of Masterton, I deposed that he knew Samnel Lyons. i with whom he exchanged horses in [ December last. The horse he ex- , changed was a bay gelding, and was , a " buck-jumper." ■■.'•■. \ .By Mr Pownall: He had seen i . J oseph Lyons riding th'a horse lately. - , Samuel Lyons, claimant in the" , interpleader action, deposed that hei purchased tho horse from Watson, and his brother Joseph Jiad ridden it. The horse was seized the other day on an execution warrant issued aeainst his brother by Mrs Wagg. He paid 'the amount of the order, £5 BCa«d tlie horse was thereupon returned. The saddle and bridle was his also. He was seeking aa order for the recovery of the amount paid by him.' Mr Pownall submitted that under, the Eesident. Magistrate's Act the" Bench baduo jurisdictiou. A Justice had issued, the summons, and the' present application bad not, In compliance with the Act, been this Justice. The application had been made to the Clerk of the CourtFurther, the Aot said explicitly that the application.must be heard before" the Magistrate issuing the summons. ' As this magistrate wasMrOaselbem. J.P, Uia Worship had not the slightest jurisdiction.- ,•■' :.-•■../. Mr Bunny' contended that the requirements of the Act bad been lu filled, and that a Magistrate had full jurisdictionto hear the case. ■ After a ddal of discussion the Bench decided to reserve his deoision on the ; poini : ■■ MriPownall the proceeded to cross-examine the witness. - '■-. V .'' (Left Sitting.) '