RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume V, Issue 39, 5 June 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

(Boforo E. Shaw Esq li.M.) o'Mali.y v Abnott; and Huntrh o Oihlm 1 for- ;i:^ : --- i frbigh < t on ' oorliin timbor from Groymoiith to Kocfton. !&|[r Koid appearod for tho Plni'ntifjP. . Atoxandf)c||t,Caircl, enrtbr, 'proved that) whilo'lrf ( plnihtiff,'s employ, in' May lnj}fc;.h,o ootiybyed a lond of tirribor from Grey mouth 1 ; Thp woi«))t of tho-frpight wdn dJ73lbs. TUb loa'd^'g w,nii rocolvod from liaison and, Wick'fl yards, Groy • mouth. ArnOtt wns 'prosont nt tho timo, and 'at first ,, objqatod to my taking ilio load by weight, wanting mo tb tnilto it by 'mbHsuyombn't'. Ilolfl h'ih\^hb nbmd tako ( .tho v tirilbor off/A ; I would n'bt tnko it by limqftputqmont.; ,. Ho thon agreo.d to 'a) low it to g6 by'woight, and signed tho way .bill. 'Mr O^Malloy told; mo that tho amount had b'o6n paid. Hia I . .Worship "said 'ho should roqniro somo direct cviflcnco to show that 'tlio amount had not' booh paid. In ttio abaonco of tho plaintiff tho Court could' not assume that tho dobt had riot boon paid; Mr Reid (mid ho would bo ooritontto tako a judgment, find run tho risk.' Hia Worship said, thoro .acorns to bo an imprc'nsion abroad, that if a dofon-. dant woro absorit, a case could bo provod in a slipshod' fashion, but it was hot tho j raloofthis Court to adopt that rulo.iind it oould not bp adtnittod in tho prosont'inatanco.' '„'.'■ ..'"' Mr lioid said ho would in that onao ask for an adjournment for a fortnight, to allow of attendance of plaintiff. ' * Caao ndjournocV nocor.dingly. ' Moon'v'f.SiTKbßi^AND; A cluim for £13 13s for' work and lal^or dono as a carter, ; Mr Pitt appohi'bd for defendant, Arebib'ald t litiovti, 'cdrtor, Blnok'sjPoin,t, proved that iio was'"omployod by doforidant'from tho 6th' April 'to tho 6th May.' Thoro was no' rifto fisbd ; saw dofondant priCth April, and' at Ink request wont to work' gotting' out coal; -from bin, mino! Workod ono fcionth 1 and four.ddya,"' Had an 'arrnngomont'with dofonda'tit that wit* noB9 \vub to pay half tho coat of horsos and dray, for which ho was to roooivb a half sliaro in tho wholo'oonooVni but th'o nrrahgoment' was verbal,' and tho db'fon. dant 'subsequently rofusod tb ratify it by putting 'it'irtto waiting. ' , Cross'oxaminod— l. opmmpnopd on tho April 'and stayed' thoro tiirtlio flth May'.' Thero'wn's no ' onb prosont whon 'tlip.ari rmiftomont Was mado"l)otw'ocri no,; I did ngroo to carry tho cortl for half thbnotk profit, Sundorland' supplying duly tho monoy for" tlio ' horsos ' and dray. May liavo told Hislbp iiomOthing jI" loft bocausb I could riot got ' H. written agroo* mont'from do'fendnnt ; I asked him fo^ tho ngroomont' moro thnn onco ; I afekod him for it ovory day and promisod to givo „ '-I • ■ <• •' '.} ■ .■■ •• '■< ' \ '

lit to mo byo-and-byo ; I havo not ro* ooivod monios for ooril that I havo not acoouutod for to biro. ; ]• paid • inoriioa away on his 1 account.' " This closed the caao for tho pJAintiff. Tho 'dofohdan'fc fpid ho wns wof king n ooal'mino ai Lanttoy'a Giilly. On 6th April lio took liioor' on to aoll coal on half profit. Witness was to find horsos arid ovorything olso, and" plaintiff was to do tho driving, novor '(i((r cod to givo plaintiff a halMntorost in tho niino or plant ; l ooulc| ( 'j)o > t do so bboaasb thoy d,id nofc bolong to m^l Plaintiff cartod tbo coal for about a iponth, but n'ovor nsolvd or any agroomont, this was a fact. 3? lain- (- ti'ffwas looking after tlio horsos, and wiiincßß found 1 fault with hinj for not cloaning thorn, and plaintil^left in a hufi 1 , Bayiiig I| as tho roads wbrP not mndo it would 'not pay; plaintiff ha9 ? 000 ' 70f l lYionip.H for coal for which no has not ao« counted . u Crosn-oxnrainod— Thoro was nothing about an nhroemftpt I noyor told yon tli«i J. would givo '^orfa hal^ sharo if you liolpod to pay fcV t!io horsos ; I ncvpr told you that tho liorson woro riot paid for I novor'loll' my businoss to anybody 1 ; Novor told you that no monoy would bo lifted until tho horsos woro paid for ; I did promioo to halvo tho profits, By Iho Court— Plaintiff did not pay ono account for- mpj ho c6Uootod money nnd leapt it, ho has collbctod £17' or ;6i.8; ho paid ono account of £7 or ,CBj " Ilia Wornhip iii giving judgment said it apponrod oloar that nom,o arrnngomont had boon mndo as to tlio' distribution of . tho profits ; but tho profits soom to have boon swallowed up in paying dofondants dbbtu, plaintiff had porfbrmod tho barting as agreed, and wns thoroforo entitled to payment for hU services ; Xf^ofondnt fibutd sliow Miat plaintiff had r,paoivod monios for whioh ho had not aoconntod for, 'suoh fl'uma could he ypflovorftd in tho usual way. Judgmont fo,r plaintiffs for tho ataount claimed, and costs. ' Tho Court thon adjourned,