RESIDENT MAGISTRATES COURT.

Inangahua Times, Volume IX, Issue 1427, 6 August 1884, Page 2

RESIDENT MAGISTRATES COURT.

I + (Before W. H. U E yELL, Eaq , E.M.) Tuesday, Ann^x tub, 1881.

C?VJ.LCAS'E*. Smith ami EavkJey v. Woolloy, clai.n for £14 3a Id, and coals. ISo appearance of duiV.iiiliint. JuV< - ;- ment for amount with costs. Martin v. Da-vine. A jmignieut summons calling upon defendant to su-mv ciusu why he had failed to satisfy a ju«i- - ;- -nißiit of the Court for £18. Defendant did not appear but wrote wfferi.ig to p;. ? the amount in monthly jnaliWinents of 30/-. Plaintiff considered the offer in siith'eient, the defendant was employed in j the Welcome mine and his wife keoD a , public house, and he was therefore abie to pay something more. Order made for payment of ihe a aiou.it by £2 monthly. Ferris v. John H'ojjne, £4 2s. IS o appearance. Judgment for i.he amount wi:h coata. McLvene? v. OH aha. Claim for £9 l.L*, Viauoe fJle^ed >o h& due Oil contract. The following evi^e-ioo was called : — Michael McTneney : I was one of' si.c in a contract in thu .Just- in Time, and .■■id of the number made a mi.v'>ike and Kept more than his share; i\m contract was then transferred from P^r.er O'NtsiU to O'Hara and the laittr r'uished it wi'.;li witness ; O'Hara received payment for the work done but had not paid witness. Cross-examined : — Can't say how much Peter O'Neill drew out of the contract ; heard that he got Lu's ; remember a settlement at Boatman's when Baunon was present; I received some money on that occasion, but I told O'Hata, that 1 should hold him responsible for the balance of my money; O'Neill did keep more than he was entitled to, but lie paid me in full ; at the time O'Bara took up the contract there was nothing due to me except the percentage; O'Neill was the original contractor. Mr i ynch raised as a nonsuit point that the case was one of partnership, and consequently without the jurisdiction of l.hs Court. Bis Worship decided that be had power to hear Ihe case. John O'Hara : I was a p.uMiei 1 wi-h lie plaintiff in a contract to drive 200 m '•■>»• the Just in Time Company at £1 Uj-s IJ.d per foot ; P'Neil was the original con. rhetor and drew the money ; he divided the first draw fair amongst the six of us, but he drew a second time And did not divide with us or give us any account of the draw ; upon this we refused to coutinue the contract any further with him, and he transferred the contract to me : at that time the amount iv hand was paid to M'liieney as a settlement with him ; in consequence of O'Neil Seeping the second draw I did not receive enough to pay everybody, but as far as the money would go I divided it fairly ; O'Neill owes me rolhing. Case dismissed. Cocaty Coctxcit, v. Lahic-'n. C!:>iivi for L-J, for rahes. ruia •*/ J.i.mv* Moor, a tenant ot plaitritTs 1) ■■VM«l<u)t admitted the debt, but said i.ii-tjt ilie colliicNn 1 .had used proper cliii^uje ho could have recovered it from i\}<>'>v. • Judgment for liid a.nou t >t wi' a cos.s. Plows v. Mi ioEiou^. An action to recover \Jy for work do,io. .T)i*'SuJ.;U'Mil«d acoril:ra c!:iiu> ft >i- \AO J,>,, Jos-jpii Pjoiva : I worked four wool;* for tiofo'.r.'iint, mowing and haymaking ; lliere was no agreement as to wages and [ cl.iiiii I 1 15 per week ; I was boarded during tlie tiire. As to the six ' ags of lime ; he ordered G bags and I filled them, but he only took one l>ag away, and the rest wore lying there for 8 months and got destroyed. Cross examined :-- Tclid not mow all the lime ; was i'.shing 2i days ; defendant did not personally order the limn, but his man ; ihe ordinary w:v> - e3 at har v t3^t . ime is IC's a day and Imavij. This c!o«ed plaintiffs cas^e. Christian Mindermau : lama farmer residing at 1 nau^alaia Junction ; I oovc-r ordored six bags of jinie from defeoda.it ; received one bag, hut it was on accuint <<( a former order, never authorised my nic-.i to order lime from plaintiff ; the ni.m wh>> worked with plaintiff on my farm rucuivv. 25s a week ; plaintiff -is not an cx|.ier'. hand ; 25s is quite sufficient p;.y for a in;, a like plaintiff who is sickly ; had a si.r*- <>? settlement with plaint if}' when I rliouoi! him my books, and told him that 2~>s was what his companion was reeeivin?. By defendant: when I told you thufc 2. r )s was tl;e rate, you said you were sali.-. iiud ; never instructed my men to get T.io lime ; you owed mo two bags from a, p-u vious order, and I told, my men to yet these, but they only got one bag. By the Bench : I have men working for me now at 20s per week. His Worship said he would disallow tlie charge for the lime, and give judgement for L 2 and costs of Court. Plaintiff applied for mileage, for service of summons, but the application was refused. Mr Lynch for defendant. COE-BFTT V. CIIoWLEY. Clrni for L 3 J2d on a dishonoured cheq.K-. Crowley received the cheque from Mr Haukin, and witness cashed it. J jugmeot by default for the auii.it it and cost. v E:;r(HT':'ons i * th^ Estate op N)Ctroo 15-.t"\is»v v. JoatiPH.O' Ha.\.,on, Claim for Ll7 J. ( ">a. for gOtAia^u ) /itsti. No appearance of d^fondatit. Jud'iiiiunt for the iimioii. a":l cos Is. Mr Jooes for the plaintiff Same v. .Tamos Cues : Claim for L 5 19s 7d, for goods supplied. Judgment by default for the amount claimed and costs. Mr Jones for plaintiff; KlLfiOUil ANO PiHlOi'Tl V. A.UOHIVR. An action to recover the sum of LU Is, being balance due upon an acceptance for L 43.

W. B. Archer : (Ja* c plain LuT an ac-cep-ance for L4S, and prior to iis lV.lling due informed Kilgour Vhat there was a contra account against him for Lll Is, for board, lodging, caning and cash. On the bill maturing deducted the amount of Lll Is, and enclosed the balance to plaintiff, together with a receipted account for the contra claim. Directly after received a letter from plaintiff demanding the payment of the acceptance in full, and threatening proceedings in the event of its not being iuuntxliaveiy paid. Received a summons directly af-tr'; the receipted account was not returned. 1 P»y Mr Jones : My account against Mr Kilgour was for board, lodging, cartage and cash ; am not aware that I owe plaintiff any sum outside of 1 ho acceptance referred to. Uy the Court : The bill transaction look place at Boatman's, in the Reefton district. His Worship thought a rnislake had Wtioii made in issuing the summons from Greymouth, which was not in the jurisdiction of tire Reefton Court. Defendant said he took exception to the jurisdiction of the Court. The evidence thus taken was ordered to forwarded to Greymouth. Bcvr v. LvfCH. This was an kcLum In recover i'.ie bu m of L'2D. being the value of iiOOslm-ea in the C.p'aiu Cook Company, Lye 11. Patrick Hunt : I sold 500 shaves . o. Bill Lynch, at a shilling a scrip. J.t. is iwo years Jasfc April since I sold f:he»n ; lit;) was working" afc a dam at Boatman's, and Siiid he had no money at the time, ..tie ho \vouid ia!:e the s'uares ; I t«»id him lie could have the shares, and I would not wiiiit i.ho money for a time. Transferred ; .i«3 s'.iarcs to him and he suasequtjuxly b /.lied i ; ie dopd of registration. By Mr Joiies : I iloati-u tie CoaifKUiy wiili i lie as 1 - .slaiice of M r Tien ; lii'nu a lot. of shams; iho ternis were generally cash ; defendant did not pay me an iota nor give a scroll of -the pen ; defendant was manager of (lie Cuinoaiiy, and I was a director ; lie was guc' ing L 5 a ; wee;;. Tuis closed plainutTs case. Mr Jones for defe-.idaut iiavMig. ooe.H-ii the ca3C called William Lynch: I T ;we i>aid live ••.nis on Ihe shares; I don'i ii..'..l the shares now, I transferred liiem k o Mr Twolnil ; I am to get L'ifor them ; this vrausuciion took place yesterday ; >he arr<ingemei>L i with Hunt was that I was to p;,y calls on lhem, and if they ever become valuable I should give him J/- per share. By plaintiff: ; \ ever bougiit aqii;vner share "from Walter Williams ; never wanted to buy any shares from Denny Hogan. By Mr Jo.ies : Worked five moiviis in the mine; ihe Cum^aiiy is not wvu-Uiiig now. This closed the case. Mr Jones having add/e.ss4il the Couv!,, the case was dismissed with costs.