THE COURTS.

Press, Volume LXVI, Issue 20107, 10 December 1930, Page 6

THE COURTS.

SUPREME COURT. TUESDAY. (Before his Honour Mr Justice Adams.) KETUEN OF DEPOSIT CLAIMED. Holding that tho terms o£ a contract had not been carried out, Eliza Mary Smith, widow, claimed from Albert Fennell, farmer, aiid May Rex Fennell, his wife, the return of £l5O deposit on purchase of a property. Mr A. X. Donnelly appeared for the plaintiff, and Mr I<\ S. Wilding for the defendants. Counsel, for plaintiff snid she was applying for tho repayment of a deposit of XISO for the purchase of land because of the non-observance of a" agreement by tho defendants. They had failed to build a, traffic bridge across the Styx river, as stipulated, and the sale had been cancelled by mutual agreement. It, was a question of tho const motion of tho contract. Mr Wilding said defendants contended there was no time mentioned for the completion of the bridge, tho time mentioned in tho agreement referred to the completion of the sale. Tt took a year to obtain the consent of tho various Departments and bodies affected for tho building 1 of the bridge, ivhieh it "was contended was a reasona.o'«: time. Judgment was roscrvec. s MOTION IN BANKRUPTCY. An application by Charles Edward Otloy foi the adjudication of Charles Frederick l'ryke, a debtor, us a. bankrupt was objected to by the respondent. Dr. A. L. Haslam appeared in support of the application, but Pryke was not represented by counsel. Bis Honour eaid that tho applicant alleged that Pryke had given no security for tho debt, and ho had had served upon him a bankruptcy notice requiring him to x ,a « T the sum. "Tbe debt is only £9; tho is cronted mr>rey," said. Pryke. "I have properties with equity up t<# .£2OOO, and if I am juado a bankrupt ray life's earnings will go. H I am given time to clean up acme of the properties, I will meet the debt. .T refuse to employ a solicitor, as I havo failed to obtain satisfaction from the Law Society, so I havo to lean on you, Nir, in my fight for justice. 1 have* lived an honest and straightforward life. 1 know nothing of legal matters, and L am putting the personal side of tho case. My legaJ position, I ktiow, is baa." Dr. Hssslam *aid those urguments had been heard before, but tho debt was still unpaid. Tho Judge snid the matter had taen before him in Chambers, when tho debtor had mado a very frank statement of his position. "I sympathise very much with a man placed in his position," continued his Honour, "but he is indebted in a substantial sum to tho petitioning creditor, and his only answer is that if he has moro time he rrrty bo able to realiso certain assets. law is perfectly clear. Judgment has been obtained, anrl tho proper formal notices havo been given. The petitioner has the to aak for an order of adjudication. Tho realisation of your nnsots will bo in the hands of the Official Assignee, whose duty it is to obtain the best possible prices. I mako the order, as I am bound to make it, and can only express my sympathy with the debtor, whose position is unfortunately that of a good many others at the present time. No question of tho bona fides of the debtor has been raised, and he may ultimately bo able to apply for an order that tho bankruptcy be annulled." MOTION TO SET ASIDE AWARD. Legal argument was heard on a motion for the setting aside of an award of £3OOO damages mad a by Sir Walter Stringer in favour of Maling and Co., Ltd., against Frank Steans, who was represented by Mr M. J. Gresson. William Samuel Newburgh and Herbert Pearce were also defendants in the original action, but no award of damages \vu« given against them. Mr A. T. Donnelly appeared on behalf of Maling and Co., Ltd., to oppose the motion, and Mr C. S. Thomas for the defendants Newburgh and Pearce. Mr Gresson said the action was originally one for £7OOO for fraud against Steans, Newburgh and Pearce, and was referred to arbitration. It was contended that tho award of Sir Walter Stringer was bad in that tho reasons accompanying the award gave the wrong measure of damage. The award itself did not contain any wrong strtements of law, but the reasons attached to it did. Tho arbitrator had evidently overlooked tho fact that fraud without damago was not actionable. Counsel sought the reference of tho question of damages back to tho arbitrator.

| Mr Donnelly said that his learnod friend I attacked tho reputation of Sir "Walter Stringer ha a lawyer. He contended that tho arbitrator had applied tho true measuro of damages, or % measure which was the most favourable to tho fraudulent defendant; thero was no error on the fare of tho award; and tho defendant was not entitled to refer to the evidence given before tho arbitrator; the reasons. given by the arbitrator did not form part of the award ; all questions, including tho?o of law, were expressly referred to the arbitrator, and even if he went wrong tho award could not be attacked. Mr Thomas said his clients had not been aflected by tho arguments. Jud«rment was reserved. MAGISTERIAL. TUESDAV. (Before Mr E. D. Moslcy, S.M.) DRUNKENNESS. Kenneth Andrew Bayne, a labourer, aged 35 living at 189 Lako terrace road, charged with being drunk while in charge of a horse and cart in Moorhouse avenue on December Bth, •was convicted and fined £2 and costs, in default seven days' hard labour. On a charge of drunkenness, Harry Stott, aged 55, a gardener, was fined 20s, in default 48 hours* imprisonment, and was convicted and discharged , for casting offensive matter on the footpath. BY-LAW BREACH, John F. Foster, charged with riding a solo motor-cycle on which more than two persons were carried, made a voluntary appearance and was fined 10s and costs. CASE ADJOURNED. Tho hearing of the chargo ugainst Lawrence Gladstone Clarke (Dr. A. L. Haslam) of receiving goods valued at £SO from Charles Benjamin Bowden, on April sth, and on various dates between then and December sth, knowing them to have been dishonestly obtained, was adjourned until December 18th, hail of £IOO being allowed with one surety of £IOO. Bowden, who is 45 years of age, and was charged that on April sth and on various dates between then and December sth, he stole goods valued at £SO, the property of Parn ell's, Ltd.. was represented by Mr M. J. Burns. Ho was also remanded until December 18th, bail being allowed, self £IOO and one surety of £IOO. FALSE PRETENCES. Eric Kcnworthy Bythell, a salesman, aged 28, was charged with obtaining various sums of money, amounting to £lO 4s, from W. G. J. Taylor, by means of a false pretence. Tho offences were alleged to have occurred on dates between October 31st, and November 2nd, Bythell pleaded guilty to these and elected to be dealt with summarily. A further charge against accused, of false pretences, was withdrawn by permission of the Court. Chief-Detective J. Carroll said that Bythell had been employed by a firm of photographers on a commission basis. He obtained orders for tho firm, and received 2 5 per cent, commission on booking the orders, and a further 10 per cent, when they were completed. Evidently accused found that he was not making enough money, said the ChiefDetectivo, because he started putting in bogus orders. Altogether he had submitted seventeen of these to his principals. On being questioned by the Magistrate, accused declared that ho had nothing to say. Beforo passing sentence, Mr Mosley asked that full enquiries into Bythell's past career bo made. Accused would be convicted, and the pronouncement of sentence would be deferred until next Friday. FORGERY AND THEFT. Five charges of forgery and theft -were preferred against Leonard Gordon Hamilton, a clerk, aged 22 years (Mr A. B. Hobbs), to all of which he pleaded guilty. The charges were that on November 6th at Christehurch. he broke into tho counting-houso of the Salvation Army Divisional Headquarters and committed theft therein; that on November 23rd ho broke and entered tho premises of Nicholas Matyasevic in the Regent building: and committed theft; that on November 23rd he broke and entered the premises of Bessie Chambers Harris in the Regent buildings and committed theft; that on November 25th he forged a cheque for £5 purporting to be drawn by F. W. Maples, on tho Bank of New Zealand, and that on November sth he forged a cheque for £5, purporting to he drawn by Yvilliam J. Stacoy on tho Bank of Now Zealand. Evidence of the theft froni tho Salvation Army Headquarters was given by Adelaide nelson, a typist, -who stated that on November Sth she discovered that money to the amount of £.2 12s, and stamps, nad been taken from the till at headquarters. Tjater sho found that cheque forms bearing Brigadier Burton's signature had also been taken. The cheques produced in Court were those taken, but they had been Hlled in and another signature added since tho theft. Bessie Chambers Harris, part-owner of tea* rooma in, tke .Regent buildings, stated, that cn

Monday, November 2-tth, sbo found thai money amounting to 30a, left in the cash-bo> over the week-end, had been taken. Particulars of cheques taken from th< Regent restaurant on November 24th wcr< given by Nicholas Matyasevic. Aeting-Delectivo J>. Mackenzie, who inter ▼ fowed accused in connexion with the offences stated that tho cheques produced wer< found in Hamilton's possession. Jle made ? statement admitting the theft of the cheques and money. His reason for committing tht offences was that ho had had no money and no work. Accused then pleaded guilty to tho three charges of breaking and entering, and was committed to tho Supreme Court for sen tence. Giving evidence in connexion with thf charges of forgery, Ralph Gracio, a mercer, of 771 Colombo street, stated that on No ▼ember 25th Hamilton, called nt his shop: made purchases, and in payment tendcrec tho cheque for £5 produced. "Witness JatCT presented the cheque to tho Bank, Lu' it was returned. Frederick William Maple*, an accountant and a former employer of the accused, stated tho signature on tho cheque referred to vat not his. Carl Clough Smith, a mercer, nl?o stated that; accused had purchased goods from him and presented in payment one of the cheques produced. Acting-Detectivo Mackenzie read a utate raent from accused in which lio admitted the further offences. To these Hamilton plead ed guilty nad was committed to the Supreme Court at Christchurch for sentence. Application for bail was refused. COMMITTED TO BORSTAL. That he obtained tho sum of £3 Jss Gd in money and goods and £0 4s Gd by means of a valueless wages order was the charge against a youth who has just turned 17, a blacksmith's apprentice. Accused was under the charge of the Child Welfare Officer, having been convicted twelve months ago on a charge of unlawfully converting a motor-car, .md the caso was dealt with under the Child Welfare Act. Tho accused also admitted the theft of a gramophone, which he had since disposed of. The particulars of tho case, outlined by Sub-Inspector P. J. O'Harn, were that accused was given an order for wages earned, and altered the amount by £lO more. He cashed the order, procuring goods and cash as stated in the charge. When found, he had a steerage ticket for Wellington in his possession. He had had £G 10s 3d when arrested. The goods could be returned to the owner. He had. before the offence was committed, loft his home and changed his name. "I'vo formed the opinion that accused is not of a criminal type, but is unstable," said Mr Mosley, in committing the youth to bo detained in the Bortal Institution at Invercargill for three years. An order -was made for the return of the goods purchased. CIVIL COURT. (Before Mr 11. A. Young, JS.AI.) JUDGMENT BY DEFAULT. Judgment for the plaintiff by default was given in the following undefended cases:— W. Strange and Co., Ltd., v. N. Tolputf, £5 l]s lOd; R. Newton v. G. F. Straw. £2d 30s; J. B. Mansfield and Sons v. H. J. Styles, £l6 5s 9d; Kincaids, Ltd., v. C. Wilson and Mrs A. E. Wilson, £lB 7s 7d; P. Harle v. W. Kilpa trick, £ls 7 s 8d; \Vaimairi County Council v. Florence Irene Smith, £4 9s 6d; International Harvester Co. (N.Z.), Ltd.. v. A. G. Hagley, £lO 19s; B. 11. Risely v. F. G. Read, £4 17s 9d; Trist and Small, Ltd., v. R-uncan M. Stewart, £1 15s 6d; Trade Auxiliary Co. (N.Z.), Ltd., v. J. Jjamplough, £4 10s 9d; N.Z. Farmers' Co-op. Association of Canterbury. Ltd., v. R, Forsev, £2 3 0b Gd; P. J. Rawlings v. L. R. Small* £23 3 1s; Robert Johnston v. C. G. Fletcher, £7 Is: N.Z. Electric Steel Works, Ltd., v. E- A. Bell, trading as E. A. Bell and Son. £7 18s 0d ; James Carter and Sons, Ltd. v. W\ S. Jones, £1 18s; Royds Motors, Ltd v. IT. B. Currey, £75; Christchurch press Company, Ltd., v. Ronald Shand, £8 4s Gd. JUDGMENT SUMMONSES. L \ndrews was ordered to pay Beadle ind'Spinks, Ltd., the sum of £7 I,'Js forthwith in default nine days' imprisonment. \V G Ultimo was ordered to pay Cornelius Uoos the smn of £2O 18s forthwith, in de- ( lit 22 days' imprisonment. \lbcrl Edward Way was ordered to p-iy T>nuelaK James Grindtey the sum of £lO <3 3s Od forthwith, in default three months' imprisonment. JUDGMENT FOR PLAINTIFF. 7nhn Mullancy (Dr. A. L. Haslam), of rhVistrhurch, a signalman, claimed from Herbert Robert Reeve (Mr J. A. Kennedv), of Woolfton. , mil! ■nmploypy, pood 3 to (fl „ ino of £3 13s 6d - the P r °P e rty of the V ? infiff and allegedly taken by the defendnn. or about November Ist, 1930. p os . j S&nioa ot tiw sooda was asked hy plaintiff, J

An order was lnaile that the goods, -R'itti minor exceptions, bo returned forthwith. Costs were allowed plaintiff. (Before Mr K. D. Mosley, S.M.) CLAIM FOR BATTERY. Royds Motors. Ltd., claimed from J. Buddie spinster, 121 Manchester street, tho sum of £4 19s, being tho value of a battery sold to and supplied by tho plaintiff to tho defendant in August, 1929. Mr W If. Lascellrs appeared for plaintiff, and Mr "\V. F. Tracy for defendant. Judgment was given for the i)laintiff for £4 lis (id and costs. CLAIM FOR TAXI HIRE. Sydney Herbert Nunn, taxi-proprietor, of Christchurch (Mr J. A. Kennedy), proceeded against Dora Thompson, Nora Green (Mr J. It. Cuningham), and Frederick H. Jones (Dr. A. L. Haslam) for £l2 10s, being the alleged amount of taxi hire incurred by defendants on February 4th and sth, 1930. Judgment was given for the plaintiff for tho amount claimed, ±'l2 10s, against Thompson, -with costs. On the claim against the other two defendants, plaintiff was non-suited.