THE COURTS.

Press, Volume LXIII, Issue 19174, 3 December 1927, Page 9

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Adaras.l BAXKS CLAIM SUCCEEDS. The National Bank proceeded against ilarv Aun Garnock I'errin aii4 ht-r husband, Sttphcii Pemn, company manager, ior i"2ii4. The claim was made under a joint and tiev. enil guarantee by Mr and Mrs Perrin of advances by the Bank to the Co-oPerative Tjoe-I'lanting Scciety. The guarantee was up lo £2OOO and sis months' interest, making' £75, the total beiiy made up by interest on the sum of £-2u7j up to date. M.- A. T. Donnelly appeared for the plaintiffs and Mr Perrin for himself and the other defendant. Mr Perrin was reading a statement to the Court when his Honour interrupted him, stating that the mattera mentioned by him were irrelevant to the case. "Judgment ought to be given against yon," said his Honour, "unlcsa you can show some reason why you are not liable in law for the claim made." The point to be considered was whether the contract, which was in writing, was subject to certain conditions, his Honour added. Mr Perrin maintained that the bank should compel tho trust deed of mortgago to bo registered. That such had not been don?, seemed to him to be infamous. Hia Honour said that a Court of Law had no alternative to enforcing the contract entered into between tho bank and both defendants. Nothing had been stated by Mr Perrin to affect the bank's right to have tho contract carried out. It had al6o to bo remembered that the society was in liquidation. Mr Perrin: But cot at the time this action was commenced. He maintained that the trust deed of mortgago should be registered. His Honour: The guarantee was taken in orde l - that the bank should have special security. He could not see why tho bank should get tho deed registered. How could thoy do it? he asked. Mr Perrin: They can do it if they want to. Mr Donnelly said it would be submitted that there had been nothing said by Mr Perrin to alter the bank's right to its claim. His Honour said that Mr Perrin had admitted the claim and had advanced nothing that could alter the position. It was regrettable that the defendants had not sought legal advice before coming into Court, as they would then have saved themselves the cost 3 of the action, It would have been quite clear to & lawyer that the bank had 'ess power to compel the deed to be registered than tho defendants themselves if the society was unwilling or neglectful to do so. Ho could see how it was that the defendants considered that thev had a possible defence, but he was unable to see that there wa3 any defence to the proceedings. In the circumstances, he was bound to give judgment for tho plaintiffs for the amount in dispute, together with costs. Mr Perrin assured his Honour that he appreciated his comments, and added that his appearance was not actuated by any ill-feel-ing against the bank.

MAGISTERIAL. (Before Mr E. D. Mosley, S.M.) DRUNKENNESS. A first offendor for drunkenness was fined 10s, in default 24 hours' imprisonment. REMANDED. Henry Irvine Hurdley was charged with failing to maintain bis wife, being £75 in arrears. Hr. was remanded until December sth. ARREARS PAID. Samuel Sandford waa charged with failing to maintain his daughter and with being £4 10s in arrears. t Senior-Sergeant Fitzpatrick said that ine man was arrested the previous day on a warrant issued in 1918. He had sufficient money to pay the arrears, His daughter had einco died. Defendant undertook to pay the money at once. A PUGILISTIC ENCOUNTER. Samuel Joseph Darragh, charged with fighting in Forry road, pleaded guilty. The Senior-Sergeant said that the defendant was found by a constable engaged m "pugilistic encounter" with another man, who got away. ■ Defendant stated that the other man hit him,' and- he retaliated. He was fined 20s, in default seven dtya imprisonment. 4 PROHIBITED. Alfred William Wheal pleaded guilty to being drunk in Madras street. The Senior-Sergeant said that the man had been an inmate of the Salvation Army Home. Ha drew a small war pension, with which ho paid his board. "Mr P. Jones, Maintenance Officer, said that defendant was hundreds of pounds in arrears for the maintenance of his wife. He had paid only 30s in the last four years. The Magistrate convicted defendant and ordered him to come up for sentence in two months if called on, a condition being that ho shall spend the next two months at the Army Home, and take out a prohibition order. A SMILING PRISONER. Charles Thomas Batkin pleaded guilty to a charge of obtaining £lO, and £2 10s in the North Island, by means of valueless cheques, thereby committing fraud. Chief-Detective Lewis said that the accused wa* at present serving twelve monthe' reformative treatment for theft from tie Racecourse Hotel. He had a very bad list. The Magistrate: There is no chance for this man at all. Ho seems quite irresponsible, and comes into the box smiling ss if he were going to a theatre. There is only ono thing to do, send him away for as long as possible. , The accused was sentenced to 18 months reformative detention on each charge. BY-LAWS. For oyoling without a light, Charles William Allan was fined 10s and costs. Similarlv charged, Thomas Edward Fogarty was fined 10s and costs, Ernest Har-elhurst iOs and costa, and John Roland Preston convicted and discharged. William Burns, for cycling on the footpath, was fined 10s and costs, and for having no cycle bell was convicted and discharged. Doris Isabella McLean was fined 10s and costs for failing, to sound the horn of her raotor-car at an intersection. Morris Noonan, for driving a motor-car without a license, was fined 20s and costs. NEGLIGENT DRIVING. Andrew Ernest Hobbs (Mr Cavell) pleaded not guilty on a charge of negligently driving a motor-truck. Evidence showed that a collision occurred between the truck and an elderly cyclist. He was fined £2 and costs. CONVICTION ENTERED. Henry John Rose pleaded not guilty to a charge of negligent driving. The Senior-Sergeant said that the case arose from a collision iu Hastings street. Defendant was convicted and ordered to pay costs. MILITARY PROSECUTIONS.

For failing <o register for military training, tho following penalties were imposed on defaulters:—Robert Frank Aldroan, coats only; John Tindail, 10s and costs. For tailing to attend parades, tho following worn fined:—Allan \V. Alexander, convicted and discharged; John M. Bailoy, convicted nnd discharged; Jamc3 Xocl Britt, 30a and costs; Allan Cameron, £2 and coats; Leahe David Camniieii, convicted and discharged; li. Carlysl'e, ceuvicted and discharged: Frank P. Rutherford, convicted and ordered to pay costs: James Howard Tansey. fa and coats; Alfred William Frederick WiM-.r, convicted and ordered to pay coats: Thomaa Michael Carrol!, convicted and discharged; Gordon L. Chappell. convicted and discharged. Jolid Brian Collins, for failing to return issue materia) to the Defence authorities, was convicted pnd ordered to pay costs. Arthur Edward Cowper. for failing to attend naiades and for failing to notifv chance o; address, was convicted and discharged. Haro'd Dickinson was convicted and discharged on a charge o: failing to attend parades; John Hoid Duncan, convicted ar.d discharged; Flubt-rt Forward, convicted and discharged: Eric Oliver Goodfellow. £3 find rosts and convicted and discharged on each of two other charges; Thomas Charles Jeffries, convicted and discharged: John William Gordon, ordered to nay cost.': Leonard L'.viglas Martin, convicted and discharged. •Tames Henry Mr.ndv. who had rorsistentlv failed to attend naredes, was fined £j and ■.-\sw ar.d deprived of civil rights for five years. A. J. Schncidema:; >'Mr Moloney), for failing to return issue materials to the military authorities, was convicted and ordered to "pay the vshie of the material within 11 days. A heading "Damages .\-rimed," over the report of r» Case in the Magistrate's Court yesterday was incorrect. Actually in the rase in question, Osborne Victor Bury ▼• Mrs Ida Bruges, » claim for damages, the verdict was for defendant, with costs.