In the R.M. Court.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 602, 2 May 1891, Page 3

In the R.M. Court.

Three was a crowded attendance in the Ccuit on Thursday morning, when the ordinary civil business came on, befoie Mr Booth, The case that created moat interest was one in which Mr Maguire, for the firm he represented, put his maiden appearance io Court. He sued IV. Grey, as owner of cutter Venus, for £l4 12s 63, cost of goods supplied. Mr Nolan appeared for plaintiff, and Mr Finn for defendant. Plaintiff deposed that the goods had been supplied for those ou board the Venus; they were ordered by Captain Wigg or some of the bands. He sued Grey because he was the owner of tba vessel. He had only spoken to Grey twice on tbe matter, and ths Utter bad asked him to sue Wigg, saying he would bear half cost of the proceedings. He did not mako any enquiry as to the authority to obtain the goods, because he did not think it necessary. Mr Finn suggested that the plaintiff would be surprised when tbe case was over. Plaintiff smiled, and said he hoped he would be agreeably surprised, but counsel hinted that the surprise would be rather disagreeable. He did not know whether the men had authority to get credit as against the owner of the vessel—in fact it was only subsequently that he had been able to ascertain that Mr Gray was the owner. Had not told Mr Gray that ha held him liable. Mr Gray told him that the account would be all right. Captain Wigg had promised several times that he would pay the account. Captain Wigg, on being called, said that he had been running the boat on the two-thirds custom ; he acknowledged that he was liable for the goods, that he had promised to pay, and would fulfil that promise if he oou’d. Defendant deposed that he bad given no authority for the goods to be obtained ; it was the custom in an arrangement of two-thirds for the captain and cne-third for the owner, that the former should find all provisions, labor, wharf dues, etc., while the owner maintained the vessel in all gear. He had at once repudiated the claim when it wes made, and he certainly remembered nothing of saying that he would bear half the cost of suing anyone else. Captain Kennedy gave corroborative testimony as to custom, and the plaintiff was nonsuited, with £5 9s costs. The other cases heard wereßichard Craig v. Matthew McCredie, claim £ll 7s 6d for wages; Mr Watson for plaintiff; judgment for plaintiff by default with £2 2s coats. Arthur O’Neil v. Matthew McCredie claim £ll 7s 6d for wages; Mr Watson for plaintiff; judgment for plaintiff by default with £2 2s costs, Victor Sandlant v. Matthew McCredie, claim £l3 6s 3d ; Mr Watson for plaintiff; judgment for plaintiff by default with £2 2s cos's. John Clark v. Edward Sergeant, claim £6 7s 2d; Mr Jones for plaintiff; judgment for plaintiff by default with £1 14s costs. Jane Gregson v. Thomas 0. Cummings, claim £2 12s; Mr Jones for plaintiff; judgment by default with 15s costs. Hemi Mahuika V. Hrmi Waaka and others, c'aim £3O 10s 103 ; Mr Nolan for plaintiff, Mr L. Bees for defendants; plaintiff nonsuited. The case Hemi Mahuika v. Hemi Waaka and others arcse out of a previous case in which the plaintiff had been adjudged to pay the cost cf a shepherd who ha been engaged by the Pakowhsi native committee. The plaintiff now sued his fellow members for contribution. The facts of the case were all admitted, and no evidence adduced. Only four defendants out of eleven had been served. Mr Lincoln Bees, who appeared for defendants, raised the point that no right of action arose in the Magistrate's Court for contribution until the former judgment bad been satisfied, and tbs plaintiff having only paid in ths amount that morning the summons was premature, Mr Nolan, for plaintiff, replied, but Mr Booth considered the point fatal, and nonsuited plaintiff with £2 2a solicitor’s fee.