MAGISTRATE'S COURT

Press, Volume LXXIV, Issue 22512, 21 September 1938, Page 6

MAGISTRATE'S COURT

TUESDAY (Before Mr E. C. Lewey, S.M.) CONVERSION OF CAR A term of two years in a Borstal institution was imposed on Bain Waite Turnbull, a labourer, aged 17, who was charged with the conversion of a motor-car. The car was valued at £75 and was the property of John Hartley Graham. Detective-Sergeant J. Bickerdike said that tfte accused had been before the Court frequently. On a further charge of driving without a licence, Turnbull was convicted and discharged. TRAFFIC CASES Fines were imposed and payment of ! costs ordered, or payment of costs only 1 ordered, as follows, for. breaches of. i traffic regulations:— Angle parking: Gilbert Haverfield. ss: Colin Wilkins, 10s. | No warrant of fitness: James 1 T. Vallance, ss: Morris Howe, 10s; Harold R. iCeast 10s No driver's licence: Mate Glamazino. si. Parking on fire plug: Leslie D. Mul* llgan, 20s. ' • Operating illegal goods service: J. Deyell and Company, 20s. Parking contrary to notice: Kendrick j Q. Archer, 20s. Passing stationary tram and having no warrant of fitness: Kenneth MoTainsh, 20s (first charge), cost* only (Second charge). Parking over tune limit: Henry tJ.' Livingstone, .103; William James Harrington. 20s. ~ ';-•- ■'• Cycling without light: Eric Sandford, costs only; George Beven Eathorne, 10s. Failing to give way: Rdnald Walton, £2. . ■ ' '

Cycling on footpath: Harold Drummond, ss. Exceeding speed limit: Gu jt .>N«wton; £2. ■--■■■ ' i , • v , : ''.:•

.Parking m prohibited area: John Pender, 20s; Percy WentWOrth Sleeves, 20s.- '

CIVIL COURT Before Mr F. F. Reid, S.M.) INSURANCE CLAIM'

The Magistrate reserved his decision in a claim brought by Alfred Percy Topp, a farmer, of Sefton (Mr,,T. A. Gresson) against the Australian Provincial Assurance Association, Ltd. (Mr I. Walton}, for compensation claimed to be due for a period of disability by an operation for appendicitis, and for medical expenses. the total 'amount claimed was £32 3i Bd. but this Waa lat*r'amended to £23 6s. Z't' '•'•■ Mr Gresson said that .-the plaintiff had a policy with the defendant firm' which entitled him to medical «xp«n«!s, £3 a week, while hewas confined to the house and unable to attend to hie business, and 15s a_ week for a period up to four weeks "while he was not confined, to house, .but. still incapacitated from attending to his business as the direct and exclusive result of appendicitis treated surgically. The plaintiff had contracted Symptoms which led to an operation for the removal of his* appendix, and the claim was baaed on-the clause in the insur-. nnce policy, stated to cover this. The defence was that the plaintiff* although he had undergone an appendectomy, bad not actually been suffer* ing from appendicitis, but from renal calculus.

Both parties called medical evidence on the plaintiff's symptoms and their diagnosis,' after which the Magistrate said that as Vie -case was an important one he would take time to consider his decision;. • - APPLICATION REFUSED

An application for a rehearing of a judgment summons by Henry Leslie Hecc was" refused. Mr G. G. Lockwood appeared for the judgment creditor. Hecc denied owing the debt, but the Magistrate, in refusing the application, said that he had come near to perjury in his,former evidence, and contempt of Court, in the metnßds he had; adopted.

JUDGMENT $|Y DEFAULT ■:' 'Judgment by default was given, for plaintiffs in the fojlowing case*:— Ormond W; Johnstohe v, V. C. Hedges, £1 14s sd; Douglas Warren Russell V. Walter Alexander DUnstan. costs only; Drapery and General Importing Company of New Zealand, Ltd., v. W: Hall. £6 8a 8d; L, J. Cattermole v>. W. J. Bowes, £4 18 7d; Beatrice Eliza Tucker v. Lester Robinson, £8; Tudor Hosiery, Ltd.. v. G. Gallagher, £22 2s 8d; Don Agencies, Ltd., v. W. A. Turner. £lO 13s sd; Canterbury Bakers' and Pastrycooks' Union v. C. H. Binßham. £4 5s 3d; Chain Testing Stations (N.Z.). Ltd.. v. J. S. Wiggs. ,£lO 17s fid; A. Hollobon and Son, Ltd., v, A. Hawkings, £5 4s 7d; James Shoe Stores, Ltd., v. R. Pitcaithly, 19s 6d. JUDGMENT SUMMONS Donald McGregor was ordered to pay Buttttftelds. Ltd., £8 Is 6d, in default seven days* imprisonment, warrant to oe suspended as long as he pays 10s a "Weelfc' "• ORDERS FOR POSSESSION •RyiPreed was ordered to give pos* "f*««n of a dwelling to Henry Gordon otevens on or before September 22.

An order for possession against Richard Percy Merrick and Norah Elizabeth Merrick, was given in favour of the Public Trustee as executor of the will of Daniel McKay, possession to be given on or before October 3. Judgment was also given for the plaintifl! for £l3 3s.

Trevor Gottermeyer' was ordered to, give possession of a dwelling to H. Moseley on or before October 18.