RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 925, 10 February 1872, Page 2

RESIDENT MAGISTRATE COURT.

Friday, Februart 0. (Before J. Giles, Esq., E.M.) CIVIL CASES. Leslie v. Bath—Adjourned till Tuesday, as the summons was not returned from Dunedin. C. Brown v. Antonio Thomas.— Claim £2 Bs. Defendant admitted that he owed £1 18s, but could not clearly state why he should not pay the whole amount. Judgment for the amount claimed, and 9s costs.

G. Fleming (Nelson) v. Graves and Fleming.

Mr Fisher appeared for the defendants, and stated that evidence would be given by Mr Fleming, and a copy of the depositions forwarded to Nelson to be put in as evidence wben the case came before the Court there.

J. S. Fleming: I received an order from Mr Bertrand, Westport, for a hair mattress, 4 feet 3 inches long, a pair of palliasses, same size, a bolster, and two feather pillows, to be made of the best material. The order was written by Mr Bertrand, and forwarded through Mr Shannon to the plaintiff. 1 received the goods, and sent them unopened to Mr Bertrand. Complaint, was made that the mattress was not large enough, and that I was to go and see it. I measured it with Mr Bertrand, and found that it was only 5 feet 8 inches long by 4 feet 1 inch wide. The palliasses were right. I paid for them. I telegraphed to Fleming in Nelson that the mattress was not the fight size, that he was to send another 6ft 4in by 4ft 3in. The

pillows were Very inferior, and partly stuffed with wing feathers, and wero not such as should be supplied by a good tradesman. I received the second mattress, pillows, and bolsters, and forwarded them to Mr "Bertrand without opening the package. 1 was requested to examine them. I saw the second lot packed to bo returned to Nelson. I saw the mattress measured by Mr Graves, my partner; it was an inch smaller than the former, and the pillows were as bad as the first lot.