The Resident Magistrate gave judg ment as follows yesterday in the above case : This is a suit sounding in damages par tially admitted by the defendant cjui pmy by the payment of L2 iuto Courb with 10a costs in the cause. The locus in (juo is a warehouse in Harbor street* O imaru, leased by Messrs Fleming and Hedley, but used by the defendant com pany by arrangement -for storage pur poses, the storing as far is regards this case having been performed by the lessees' employees. The plaintiff on oath alleges that he on the 29th of April, 1889, 3eub in to the defendant company's store at i Oamaru 515 sacks of wheat, perfectly dry and in good condition, and in his plaint it is set forth that it was so negligently and improperly stored that it became damaged, and thereby he lost on its sale L19 13s id. The evidence of Alexander Hall, a farmer, who threshed the wheat, substantiates that of plaintiff, that the grain was in good condition and dry afc tne time ifc was sent to Oamaru to be stored ; and these statements are to a certain extent corroborated by Mr Win, Bee, who purchasod out of the same bulk 10 sacks in December, 1889, which were dry and in good condition. This evidence on the most material facts is impeached by that of Mr G. M. Bruce, who appears to have been present when delivery was taken of the 515 sacks of plaintiff's wheat in Messrs Fleming and Hedley'a store on the 29th of April, 1889, and who de scribes its appearance as over-ripe and cold or damp. 