RESIDENT MAGISTRATE'S COURT, RAGLAN.

Waikato Times, Volume XXXV, Issue 2828, 28 August 1890, Page 2

RESIDENT MAGISTRATE'S COURT, RAGLAN.

Monday.—(Before Messrs W. H. Wallis and W. Thomson J. P'.s.) LOANK AND CO. V. RACI.AN COUNTY COUNCIL.—CIaim £20. Mr Dyer appeared for plaintiffs and Mr O'Neill for defendants. This was an action to recover the value of amount due on contracts for maintenance of certain sections of the Raglan-Waipa road, and extras in connection with the contracts. Tiie County Engineer, Mr T. G. Sandes, had refused to give his certificate for the payment of tho amount in dispute, as he was dissatisfied with the work, and hence the present action. The evidence was given at great length as to the condition of the road during the time in dispute, the case lasting all day. The defendants telied on the facts that a receipt had been signod by one of the contractors, Gibbeson, on behalf of his mates, in which the deduction of tho amount for the work now sued for had been made, and further that as the plaintiffs had not a ceititicate from the. engineer in accordance with the specifications, they could not recover. Gibbeson in his evidence, stated that ho had no authority to sign on behalf of the other contractors, that Geo. Moon and K. Loune were tho persons anthorissd under agreement with the Council, that the Clork, Mr Somerset, had offered him the money, and that if ho had known the receipt was in full settlement ho would not have signed it. He thought it was only a receipt for the money he actually received. Mr Somerset admitted that lie knew Gibbeson was not one of the party authorised to sign. Counsel on either side addressed the Court on the points involved. The Court held that Gibbeson did not know tiie effect of what ho was signing, and that the Clerk knew he was not authorised to sign, also, that under the specifications, the Engineer should have examined the work as soon as the contract expired and pointed out to the men whero he considered tho work defective. Judgment would go for tho plaintiffs for the amount claimed and costs, £8 Is. Mr O'Neill gi>ve notice of appeal.