THE COURTS.

Press, Volume LIV, Issue 16268, 19 July 1918, Page 9

THE COURTS.

SUPREME COURT. IN CHAMBERS. /jjgforo bis Honour Mr Justice Hcrdman.) • On Wednesday probates of the wills r the following deceased persons wero Wanted:—Sarah Ann Ruddcnklau (Mr William Rowc Bennett (Mr rtSm) Jano Peacock (Mr BesC Sfk\ Ev Ann Matthews (Mr Kirk). Letters of administration wore grantJ in the estates of William Ross, de(Mr Orbell), and Samuel Vegan, iSSsed (Mr Beswick). Serday morning probates were i 5 : n the estates of tho following nersons:—Eliza Weastell (Mr jX Hill (Mr Andrews), KfUins (Mr Orbell). Elizabeth xi W Hlr Donnelly), Ellen Graham ?{ri Tliher), William John Davidson lir nStie Mary Fuller (Mr Bes>l 'i fiidcon Henderson (Mr Beswick), ? lCK) '§owarth Kirk TMr Flesher , S SS a Mair Gslv . Smithson}, Tlfnmas Mutton (Mr Beswick). Titers of administration were erantthe estate® of Frederick Selwyn '? 11 deceased (Mr Helmore). and g;S'HeSr Stirlev, docked (Mr Txrynehaffl).

MAGISTERIAL. ' /Before Mr T. A. B. Bailey, S.M.) drunkenness. a first offender, for drunkenness, was fined ss, in default 24 hours' imprisonBent military service act. David McEwin was charged with making false answers to questions out jir tVin Military Service Act. SubInsDector Mullaney said the man had enrolled. Accused said he had pnUsted for the 21st Reinforcements. He was convicted and sentenced to one month's imprisonment., CIVIL BUSINESS. Judgment by default was given in ♦he following civil cases: Boon and Co., Ltd Johnston) v Luther Hopkins, m 4s- Fwderick Augustus Box J. Frederick William Minchln, £2 17s 9d; same v. Edward George Gardiner, lis, Chrifltchurch Gas* Coal, and Coke Co., Vfj v William G. Taylor, £6 3s lOdj Birch v. Robert Hart, £3 10s. DEFENDED CASES. In the case of the Massey Harris Co .Ltd. (Mr Wrigbt) v. T W. Cooper cShn for 9s 6d * less £5 U . B 7d P * into Court, judgment was given for plaintiffs with costs. Judgment, with costs, for £8 12s 63 was awarded plaintiffs in W. H. _Hsdall. Ltd. (Mr Thomas) v. A. E. Clark fiUr Harman), claim £16 los 9d. , In tho case of Cuningham and Taylor (Mr Cassidy) v. Emma Beumelburg (Mr Thomas), claim £4 13s, legal costs, judgment was given for plaintiffs. C&arles Shaw (Mr Johnston) claimed from William Thompson (Mr Cumn*ham) £39 16s damages, alleged to have been sustained by reason of the defendant not delivering 22 tons 15cwt of potatoes bargained and sold by thf> defendant to the plaintiff on or about April 4th last, and agreed to be delivered by the defendant to the plaintiff within a reasonable time after the sale. Plaintiff claimed the further sum of £5, being the deposit paid by him to the defendant to # bind the ba*v| gain, making a total claim of £44 16s. The defence was that Thompson, who had grown the potatoes in partnership with a Mrs McTeague, had been in negotiation with the New Zealand Faramors' Co-op. for their disposal, -n;! (fthnt he bad thought Shaw arid his agent represented the Fanners' Co-op. After he had sold 1 the potatoes, Mrs McTeague refused to agree to the sale of her share to Shaw, but he handed ■ over his. Mrs McTeaghe said he sold her share to the Farmers' Co-op. for £5 6s per ton. Upon Mr John* ston's suggestion judgment was given for £22 10s damages mid the £5 paid into Court. RESERVED JUDGMENT.

' Reserved judgment was given for plaintiff for £33 15s and costs in the case of William Black (Mr Johnston) v. John Robinson Anstey (Mr Mallear), claim for £35 for services rendered ip connexion with the sale of a property.'

' A CONVICTION QUASHED. (nucss ASSOCIATION TELEGRAM.) WELLINGTON, July 18. The Court of Appeal gave judgment to-day in the appeal by Frank J. Oakes, licensee of the Duke of Edinburgh Hotel, against a conviction ozra charge of permitting gambling on his licensed premises. The licensee had issued an order that there was not to be betting in the hotel and was not present when the alleged gambling took place. The Court allowed the appeal and quaahed the conviction.

AN APPEAL ALLOWED. (tbkss association tetjkjbam.) WELLINGTON July 18. In the Supreme Court this morning Mr Justice Chapman heard a case *n which Joseph Nathan and Co. appealod against the decision of Mr S. E. McCarthy, S.M., imposing a fine in January 1917. for selling short-weight but. ter to William Campbell, grocer. Manners street. Appellants' counsel said the .Company manufactured the "Defiance" brand of butter. On January Bth, 1917, Campbell purchased 481b of butter from trie firm, the packages being labelled lib. On January 10th Inspector Cowderoy purchased a package of the butter from Campbell's assistant. On weighing it he found that it was 5 drachms short. A charge was laid for having a misleading label under Section 12 of the Sale of Food Drugs Act. It was contended that the short-weight was caused by a too •close adjustment of the wires in defendants' cutting machine. For the defence counsel contended that there, was no case to answer. The sale had not been proved. 'On the same day tnat the Inspector was said to have bought the butter at Campbell's, he also P ar " chased'from another store the sam© brand of butter, which was well over weight. . ~ His Honour, after hearmg evidence, said that a probable case had been made out. but he thought 6omethirT mere should be made out in a case like tnis. He did not think the case had been proved as conclusively as it should navo been. The appeal was allowed. ■