DISTRICT COURT.

Inangahua Times, Volume II, Issue II, 24 August 1881, Page 2

DISTRICT COURT.

Monday, August 22jsd, 1881.

(Before His Honor Judge Broad.)

Civil Case9 : Heslop y. National Bank

An action to recov-r £100 damages, for dishonoring a cheque drawn by plaintiff,

Messrs Guinness and Jones for plains tiff, and Messrs Warner aud Lynch for defendants.

Tbis case has been before the Ccurt in various forms, and the circumstances in connection with the whole affair are well known to the public and need not again be repeated. Ihe jury, after an hours' consideration, brought in a verdict for the full amount, and judgment was entered ? up accordingly witb costs, £11 19s.

Mr Warner made application for leave to appeal.

BANNAN 7 WYNpHASj!.

This was an action to recover the amount of £180, alleged lo be due by tbe defendant on a long current account, which had existed between tbe p'aintiff as storekeeper and the defendant as cus» "tomer. The parties to the aptipn , r are both residents of Blackwater, where tbe business involved, in the suit bad arisen.

Mr Lynch appeared for plaintiff, and M(5."33r« Jones andGuinness for defendant.

The following evidence was taken :—

George Bppnan : I am a storekeeper residing at Blackwater ; I am the plain* tiff in this action ; I produced the book coataining the items coptained in the bill of particulars. Tbe Day-Book, where tbe original entries were made bas been lost. I believe tbat all entries referring to Wyndham were made by myspjf ; I posted up the book now produced from tbe book lost. All the items mentioned in the bill of particulars were supplied hy me, and repeived by the defendant ; I recollect a conversation taking place be« tween the defendant and myself at tbe time tbe receipt was given. When I offered to gtye. defendant a cleajt receipt for the amount of £130 which he tben owed me, as I would have been recouped by holding tbe race, which ac tbat time was in my name to secure myself for advances made, while the race was being constructed. After this when the debt of defendant amounted to £160, bo again c-ime to me and asked me to give bim a receipt for the amount on the terms that I was to receive 10s in the pound on £180, to be paid by monthly instalments of £4 per mpntb ; I agreed to this, and Wyndbam came to Reefton to haye tbe agreement drawn out by Mr Pitt. Tbis agreement was afterwards signed by both of us, and witnessed hy a man named Shepbard, who is now in Victoria ; I have no copy of tbe agreement.

At this stage, the case was adjourned till the next sitting of thq Court, tbe costs of adjournment to be costs in the

ca§<?,

Undee the Mining Companies' Act :

Application was niade by Mr Jones for an order to have the name of Jonathan Auld removed from the Register of tbe Union Company. No opposition appearing, tbe order was granted.

In Bankruptcy :

Mr Lynch made application for leave to proceed against Jamps Framptoo, on a judgment obtained by L. Davies against James Frampton in, the R.M. Court upon which the debtor filed a declaration of insolvency to evade the amount of judgment. Leave refused, without costs.

The application of Peter J. Armstrong for a final discharge, being opposed by the creditors, was ordered to stand over

sine die

Mr Jones made application, on behalf of John Williams, for a final discharge, and althouah there vrefe no assets in the estate, his Honor granted the application, as no opposition was oft-red by the creditors.

A discharge wns also granted to Ada Delia Mblodc on the application cf Mr

J< DCS.

Probate Granted :

In the matter of John Williams, on an application by Mr Lynch, who ap peared for executors to the will. And also in the matter of Hugh Hughes on the application of Mr Jone«, in this case, however, limited to property in l^ew Zealand.

An application made by Mr Lynch, on behalf of the brother of tbe deceased, **illiam Newman, for letters ofadminis* tration. was granted, subject to tbe usual sureties being found.

Tbis finished the business, and tbe Court adjourned.