MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 287, 28 August 1908, Page 4

MAGISTRATE'S COURT.

POLICE CASES. (Before Dr. A. M'Arthur, S.M.) A STOWAWAY FROM SYDNEY. Daiiiel Dshcr, a man past middle ago, pleaded not guilty to a charge of having travelled from Sydney to.Wellington by the Hoiddart, Parker steamer Ulimaroa without paying his ■ fare, and with intent to avoid payment of. the same. Evidence was given by the purser of the vessel that accused stowed away on the ship, and was found in tho firemen's forecastle the day the boat left Sydney. _ Accused was given the option of working his passage out in tho stokehold, but he would not do this, telling the chief engineer that ho had never been used to laborious work. Accused said he had been willing to work, but ho had been too sick at the outset of the voyage although ho had been ready to work when ho got over tho seasickness. He had 7s. 7d. in his possession, and had work to go to in' New Zealand. > His Worship entered a conviction, and ordered accused to pay the amount of the steerage fare (£4), in default fourteen days' imprisonment.

DISORDERLY CONDUCT. Two young men named Stephen Neary and Michael -Crowley pleaded guilty to a charge of disorderly conduct in Willis Street, whilst under tho influence of liquor. Evidence showed that tho police were called to the Empire Hotel at 10.10 on Wednesday night, and asked to eject the two defendants who refused to leavo tho hotel. When the men got out on to tho road they created a disturbance, and were both arrested. A conviction and fine of 205., in default three days' imprisonment, was imposed in each case. YOUNG WOMAN IN TROUBLE. A well-dressed young woman named .Violet •Paton, alias Fraser, pleaded guilty to a charge of importuning/ After hearing what tho police had to say about accused, his Worship, addressing her, said: "You are going on a rough road, my girl—you havo already been twice in tho Door of Hope at Auckland." Accused was convicted, and ordered to como up for sentence when called upon on condition that she would go in to tho Salvation Army Home for three months. His Worship made it clear that if accused did not remain in the home for three months she would ho brought before tho court again, and sentenced on the present charge. -• MISCELLANEOUS. George Clias. Gordon appeared in answer to a chargo of having unlawfully assaulted Mario Gordon. On- the application of Mr. Hindmarsh, tho case was adjourned until, this morning. Lircis Griggs, alias Minifie, charged with insobriety, was convicted and discharged, on condition that she, went to tho Salvation Army Home, and remained there for a period of threo months. Five first offenders wero dealt with, two being convicted ' and fined 10s., one convicted and fined 55., and two being convicted and discharged.

; . CIVIL BUSINESS.. (Before Dr.. A. M'Arthur, S.M.) „ UNDEFENDED CASES. ■J u3gmeift' , ' ror 'plaintiff -by default of defendant in the following civil cases :-rHugh Lament Greer v.. Moliio Pin. £2 10s., costs 10s.'; S. Smith and Co. v. H. C. Matthews, £44 lGs. 3d., costs £2. 165.; Bluridell Bros., Ltd., r. John A. Jillett,. £1 lis., costs 55.; Johnston and Co., Ltd., v. Sidney Hall, 10s; costs only; Palmer Engineering Co. v.' Nelson Ranger, £3 ss. lid., costs 10s.; Peter M'Ardle v. Dan J, Brick, £7 65., costs Bs.; C. M. Banks., Ltd. v. John M'lntosh, £1 155., costs 55.; same v. Win. Lutz, 17s. 6d., costs ss. JUDGMENT SUMMONSES. In the judgment summons case, Robert Hannah v. William Aubrey, a debt of £13 os. 6d., debtor was ordered to pay on or beforo September 10., in default 14 days' imprisonment. No order was made in the case Robert Robertson v. Arthur G. Laurensou, a debt of £$ 12j. 2d.

INTEREST DUE ON A MORTGAGE. Helen "Louisa Grimes (Sir. Johnston) sued H. Hurrell (Mr. Blair) for the recovery of £70 14s>, interest due under a mortgage, in respect of a property at Lower Hutt. As tho property had subsequently chanscd liands several times, William G. Somervule, Horace Edwards, and Amos Chatfield were joined as defendants. Sir. Beere appeared for Chatfield, and Mr. Dunn for Edwards and Somerville. Judgment was given against Hurrell only with costs (£6 14s); and tho action was struck out as against the other defendants.

RESERVED JUDGMENTS. A PATENT GAS PLANT. Mr. W—G- Riddell, S.M., forwarded his written reserved judgment from Napier in tho case heard at Wellington, John A. Paterson (Mr. Young) v. Edward Newman. (Mr. Herdman). Plaintiff claimed the sum of £14-1 18s. 6d., amount of contract price and extras for the installation of a patent gas plant at Dunsinano, near Marton. Plaintiff, a resident of Wellington, was the inventor and patentoe of a certain gas known as hydro-carbon gas. Defendant was erecting a house near Marton, and wished to have a gas system installed other than coal gas, for lighting, heating, and cooking purposes. His architect had, prior to March 6, 1907, been in communication with plaintiff regarding his bydro-carbon gas, and wrote to tho plaintiff regarding the price, etc. . Plaintiff's offer was accepted by wire. with tho stipulation that the installation should be completed by May 3L Owing to various reasons tho installation was not completed- until June 26. A trial of the plant- proved unsatisfactory., and tho architect refused to pass the plant as efficient. His Worship considered that if the plant was. installed for lighting purposes only, thero was no necessity for a reference to have been made in the. tender to lighting, cooking, and heating. Plaintiff had written to defendant as follows:—"It seems to nio that if you wish to continuo the gas heaters and cooker these should be placed in a separate service." Tho weight of evidence as tho result of tests was in favour of defendant. His Worship considered the test required by defendant from tho plant, viz., to supply gas for tho lights, cooker, and fires all at tho ono time, was moro than would-be required in ordinary uso, but in the abscnco' of any agreement between tho parties as to what should bo tho tost of efficiency, and in the absence of definito evidence on the point, it was impossible to say what proportion of lights with cooker and fires or wnat other combinetion of the three would bo a ressonabl6 test. In tho opinion of tho Court there had been a failure of performance on the part of plaintiff. Judgment would be for defendant with solicitor's costs £7 45., and •witness's expenses.

, " " CLAIM FOR COMMISSION. ' Reserved" judgment was also forwarded from Napier by Mr. W. G. Riddoll, S.M.. in the Wellington case Pearco .and .Graham (Mr. Neave) v. J. S. Hunt and Idn (Mr. M'Grath), a claim-for-£7 10s.'commission in tho sale of a freehold property belonging to Mrs. Hunt. His Worship held that it was ■clear from tho cvidcnco that Mr., Hunt placed tho i property in the hands of an agent named 'lVist, employed by plaintiffs, for sale nt £176, and that Twist found a purchaser. ■Hunt stated that he' had no authority from.

'wife to-act as. he did., /Assuming thai Mr* Hunt had no initial authority to 6ell hii wife's property, she, knowing that he hac placed it in Twist's hands for sale, accepted' . Purchaser introduced by Twist, and tliui ratified tho instructions given by her bus . band. Defendants said they wero not liablo. because they arranged with tho purchase/ beforo tho Sale' was complotcd that no com mission should be payable. It seemed to tb Court that whatever arrangements migh have been made with the .purchaser the re suit could not alfect plaintiff's rights, fo there was no evidence that the purchasa was ever authorised to waive payment of tin commission duo_ in the event of a salo taking placo, and Twist did not acquiesce in the arrangement. The attitude of defendants showed clearly that they knew commission was payable unless they could arrango otherwise. They may have been misled by the buyer's statements, but that was a matter between them and him. They could not knowingly talco advantage of plaintiff's services and then decline to pay for them. His Worship considered both .defendants were liable. Judgment would bo for plaintiffs fcr £7 10s,, and costs £2 ,ss.