MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 12, 9 October 1907, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. McArthur, S.M.) ' CIVIL CASES. Judgment was givon for plaintiffs in the following civil cases:—Robert Martin v. Robert Cobb, £2 13s. 3d., costs 10s.;- W. E. Holliday v. Wm. F. Slack, £3, costs 10s.; Mary Ann Rowntree v. Jeremiah Murphy, £13 55., costs £1 10s. 6d.; Georgo Andrews v. Archie Smith, 10s. costs only; Palmer Engineering Co., Ltd. v. L. Snow. £1 145., costs os.; Ernest Sommcrvillo v. Arthur .C. Nicol, £1 18s. od., costs 55.; David Lewis O'Donnell v. James Capper, William Kennedy, and Timothy Cronin, £1 55.; Schaefer and Co. v. David Mathieson, £12 Bs. 7d., costs £1 10s. 6d.; Metro politan Permanent Building and Investment' Society of -Wellington v. John A. Lawson, £17 35.," costs'£l 16s 6d.; Annio Nicholl v. James'Murdio, 175., costs 55.; Wellington Traders' Agency v. • McComb, Slack and Co., '£28 135., costs £2 14s. In the judgment' summons case Kirkcaldic and Stains, Ltd. v. AV. Stratford,'a debt of £4 19s.,'debtor, was o'rdorcd to pay on or bofore October 22, in default sovon days', imprisonment.

' , DEFENDED CASES. ' Levin, Shallcrass and Co. sued Alfred Russell, cabman, for £14 2s. 2d. for horse feed supplied. Defendant, stated that he had boon in negotiation to take ovor the Nag's Head stables,, and went down with'a mail named' Campbell who had the stables to bo introduced to Levin. Campbell had ordered. 60 bags of chaff and, wished, him (defendant) to take the chaff over with 1 tho stables. He never took over the ■ stables and therefore contended that the chaff. was not supplied to him and he' was. not responsible for the debt'. Judgment was givon for plaintiff for £12 12s. 2d., and costs £2 Ss. Mr. Becre appeared for plaintiffs. Jano Vondorschmitt sued her husband,. Georgo Vondorschmitt, furniture upholsterer, for £22 7s. 6d. arrears of maintenance under a deed of separation. Defendant admitted about £14, but disputed tho balance on tho ground that after signing the agreement ho ;and his wife were reconciled and decided to live' together at Croftori. Plaintiff denied having cohabited with defendant, who, she contended, was ill when she visited hia houso by request. His Worship in giving his decision found that defendant had paid his wife after tho alleged cohabitation, ami gave judgment for plaintiff for the amount claimed with £4 2s. costs. '. .'

;;.. STRAY OYSTERS. James Colo (Mr. Hindmarsh) proceeded against tho Union Steam Ship Company (Mr. Levi) claiming; £7, the value of oysters . shipped at southern 1 ports and not delivered to plaintiff. The, plaintiff claimed that ho had satisfactorily established that ho was the owner of tho oystors and was thoreforo entitled to. recover for' non-de-livery. . Defendants admitted tho short delivery, but contended that they wore only liable, according to tbo conditions endorsed on their bills of lading, for the actual cost of the goods at the port of shipment, and tbo. oxpenses paid on the.samo. As.to four sacks of which delivery had been refused Mr. Levi argued'-that, in the first placed as there was no boat note, the consignee bad no claim against the company, as there was-no contract between liim and the company, and, secondly, that on the ovidence produced to tho company of tho ownership of the goods, namely, a telegram from tho shippers to the consignee, they woro justdied in not delivering, the oysters. ' Mr. Hindmarsh, in reply, stated that it had been the practice of the consignor to advise plaintiff by .telegram when-goods were, coming forward, and that it was defendant's custom to produce tho telegram to the company and get delivery, of the goods. If the defendant company intondod altering their methods, and required a bill of lading heforo giving delivery of tho: oysters they should,' ho _ contended,have given notice to plaintiff,- and not have waited until tho arrival the goods, and then demanded tho bill of lading. His Worship reserved his decision 'until Thursday.

(Before Mr. W. G. Riddcll, S.M-.) ' \ , Tho attention of tho presiding ra»gistratos at'the S.M. Court yesterday was mostly confined to civil business. POLICE CASES. Two young men, Wm. Leary and Goorge Smith, appeared on a charge of having behaved in a disorderly manner, whereby a breach of tho peace was occasioned. Constablo Stack stated, that ho was attracted by a crowd outside tho Theatre Royal on Monday evening, and on investigating round tho two accused fighting and liberally sprinkled with blood. Smith, who entered a plea of not guilty, said an argument gave rise to the fight. Hi 3 opponent hit him and he retaliated. Both offenders were convicted and fined 205., in default seven days imprisonment. James Miilvoy pleaded guilty to a charge of .drunkenness on Lambton Quay and was convicted and fined 10s., in default 48 hours' imprisonment. Two first offending inebriates wore convicted and fined 10s., in dofault 4S hours' imprisonment, and one was convicted and fined 55., in dofault 24 hours' imprisonment. The man Richard Thomas, who, it will be remembered, out his thigh with a razor in the Turkish Baths recently, was remanded on a charge of attempted suicide until October 15. Station-Sergeant Phair stated that Thomas is at present in the hospital, but *will bo ready to be discharged from the institution to-day.