MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 430, 12 February 1909, Page 9

MAGISTRATE'S COURT.

POLICE"CASES. (Before Mr. W. G. Riddel], S.M.) CHARGE OF INSUFFICIENT MEANS. . A Strikingly-dressed • woman 'ntimcd Florence' M'Donald appeared on remand charged ' ■ —(1) with drunkenness, and (2) with being : .&n£.idlo" and disorderly ! person within, the . me'aning of the Police Oftences Act, 1903, in ,j . that: she has insufficient lawful means of support. ■-Accused pleaded guilty to tho first charge; and ■ not guilty to the .seconds Evi- ■ deneo -: was given by Constables Hodgson and tliat accused had been' frequenting ■■ ■ ' -of .Tory Street and Courtenay. .; ' 'Place for some time; and.had done no work. :i;.y;-SjAd6uSed; istatod\ttit;'Bhe:had; money^in ; the; tank; and was in. receipt of monthly remittances from a relative in Chnstchurch. An --. adjdvifhmeht till" Monday next was granted \v: to •nllow accuscd" to .produce evidence in support'of. her statements.. . ALLEGED THEFT OF A GUN. ■v -A' youth named Wm. Southeo, 17 years of ' age; pleaded not guilty to a charge of . having;--on:or;about January 30, at tho Lower Hutt, " • committed theft of■ a gun,. valued at £2, the property of Geo. Bay. SiiHrispoetor Phair asked for a remand to 1 ■ :Mondaj': as accused had only -been arrested at • 6 o'clocfe fchatmorning. Bail was allowed in • the sum of £10 and one surety of £10. •' ; ' CHARGES OF ASSAULT. -Pleas of not■ guilty were entered by Edward : Kronast(l) to having on February 10 unlawfully assaulted Constable Johns whilst ' in> the execution of his duty, and (2) to hav- . ing unlawfully 1 assaulted ono' Henry Clifton; On the application of Sub-Inspector Phair a " remand to. this morning was granted.

'' A TRIVIAL ASSAULT. ; Thomas Jfalqney pleaded not guilty to having'unlawfully assaulted one Wm. Cliandjet.sv -Evidence»showed that tho. parties lived together,(and- tfiataccused M-struck Chand-leri-His'-Worship remarked: that :,tho.. as-, gault • did not seem to havo been a serious one," and a conviction and' fine of 10s., in de-,. fault . 24' hours'.' imprisdnmentiV'would meet the case. ,• DISORDERLY CONDUCT. Jossio M'Ewan,: alias -Harvey,-; alias Edwards,-' pleaded guilty; to a _chargo, of .- disorderly conduct' in. Taranaki' Place, whilst drunk. s 'His Worship said.lw-.would-' give accused-' another chance, (and would enter a conviction and discharge.. ' • . ' INSOBRIETY.

' : : Wm: Tiernoy, oharged: with insobriety, was convicted and fined- 205., ;in -default seven A dayslr- imprisonment. -. Joseph Hanlon, simi-larly-charged, "was'convicted-and, fined; 105.,; in default 48 hours' imprisonment. One first offei)der,' who failed'to appear, was fined 10s. : Another was remanded for a week -for medical treatment. A. third was" fined ss.';' and, two others were convicted and discharged. /. - ' . RESERVED JUDGMENT. CONTRACT FOR A GAS PLANT. : >■ Reserved judgment was given by Dr. A. M'Arthur, - S.M., in tho- case of the New ■ ..Zealand;; Acetylene' Gas Lighting Co.,- Ltd., (Mr. • Neave) v. F. A. Piper (Mr. D. M. . Findlay), a claim for £10,; alleged damages- ' forsbrcach of contract, being freight, cartage, and other expenses incurred by plaintiff in the execution of an; order for the instillation of a gas plant for defendant at ; . Waifoaiti, Hawke's Bay, -The contract was. - Bigtled:on February 12, 1908. A carnival was -' to -lie held at Napier- from March 16 to March 25j and there was some conversation between -.-.-.the-- parties; as to. when tho_- gas was to be: installed,- defendant not ■ wishing to have : - tho-workmen- on his premisos during the car-. nival..,.v.His Worship.-.gathered:from>tbe evii ; dence. that the installation,'if not to be done ' 'before the carnival, was .to be.done shortly, afterwards. The weight of evidenco was.that ■ tfe-wark was to.-:bevdori*e either at :the' end'. . of ;• March or early in. -April. -On Aprjl.. 8 - plaintiffi by 'his agent, wroto putting 'off the v ' work:--till.r.the'' end-' of --that .."month;;-as.-he had? other work on hand.:., On receipt of the ■:'-jletterj defendant-wrote - statirij; .that he : would > . not have the work done.':. Judging from the evidence,: his Worship considered that time was an-'important' element in the contract, . and v that - it; was: unreasonable .to expect ■ tho! defendant to wait'.till' some time -in; May for'tho installation. .'Defendant's repudiation : . of. tho contract was not.replied to. till the end of.-, April- thus showing that the plain■:;K';4ife\wSre ..not'-•prep^edy''U)V;proOTed ivork' till after that. date.' ■■ Judgment would be for defendant,' Security for:appeal was fixed in-tho sum of £7 75.,'

CIVIL BUSINESS. • (Before Dr. A. M'Arthurj S.M.) : ■' UNDEFENDED CASES. Judgment for plaintiffs by default of defendants was entered in tho following', cases Commercial Agency, Ltd-., ■.'v assignee,;. and J.;. A. ~ Fletcher,'. assignor,. v.. Tame Opitmi , Eaukawa, £4 Us. - 10si, v costs -;• £1 93.; ; Wellington . -Traders' < ■ ■ Agency; as assignees of Georgo H. Thornton, ..y.iiMrs::-Amy .'Shelton,:. £18 6s. Yd., costs ' £I.los. ,6d. j Kobert-Martin, Ltd., v. Alfred a.-'■■■'Aplinr.£l4 13s.' 6d., costs £1 10s. 6cL; C. ■ i &Harriji and' Co. r. Edward Kibblowhite ~ and Mrs. Alice M. Kibblcwhite,- £G- 9s. Bd., costs: £1 6s. 6d.; Veitch and Allan ,v. John '■ Spaerville, £1 Is. 9d.,costs 55.; Johnston . and- Co., Ltd.; .v.;- R. J. . Donald Simpson, £15,115., costs £1 10s.- 6d.; P. Hayman and .-Co.-;v;\; Francis Owen<Mackav, £1 2s„ costs ss;Commercial Agency, Ltd:, assignee, -and' E«W. ; Mills and Co., ■ assignor, r; M'Farlane v Bros,, Xtd.,.£23 7s. 5d., costs £2 145.; samo T.rWiehard Haworth,-:£4'-lls; Id.,' costs 125.; Commercial Agency; Ltd., assignee, and Sargood,; Son and Ewen, assignor,- v. Thos. AVil«son; £6 10s. 2<l„ costs £1 3s. 6d.; J. O'Brian and Co. v. .Michael Quinn, 1 ,£2 3s. 6d:, costs : Wallace -Herbert;: Stewart,'-'.assignee i; of . Thos.j-Wm...Butcher,: v. Foxton Borough Council, £50> costs £3 lis.; Trustees of the Wellington Physical Training School v. . v'' P ossess '°! l of tenement and - Tit'ir- a i los ' B I® B * ! ■ same v; . James Phillips, possession of tenement and £12 10s.. and costs £1 16s. 6d,; J. O'Brian v. Brook Wells/£2 is 3d., costs 125.; Wellington Biscuiu Co., Ltd., v. Mrs. M. E. Smith, £18 B.'lo d., costs los.; A. G. Healing and Co. r. L. . Bolmshaw, £2 13s. 4d., costs 10s. • Scott and Co v. Jas. Tavlor Moir, £14 -16s Bd.,'costs £1 10s. 6a.; New Zealand Express Co.,- Ltd., v. Herbert Worsley, £3 55., costs lus.

' JUDGMENT SUMMONSES. In'the judgment case Arthur. George Jacob:eehj;V.'.: Johnv.G'ustave Jacobsen, debtor- was ordered to:pay£4 Os. stl. on or before February ...25, in default' 7 days' imprisonment. - In the caso Cooper, .Garrard and Co. v: ■Albert Almond; a debt.of £5 10s. 7d.| debtor w&s.ordered 1 to pay• on or before Februarj'' 25 in. default 7 days'' imprisonment, i' •■ . -In the. case Arthur Raven v. Morton Smith a.debt of £9 lis. 3d., debtor was ordered to pay on or before February 25/ in: default 7 1 days-, imprisonment,'' . i . ... George Fernandos was ordered ,to pay ■■£4-1 3s, Bdr to AVm. Ambrose. Annier before Febru- J ary 25,. ill default 3 days', imprisonment. , • ' DEFENDED CASES. (Before Mrr W. G. Riddell, S.JI.) * . CLAIM FOR MONEY PAID. ' Charles Pratt and Co., agents (Mr. Kelly), sued - Pees \Brothers,, trading' as the'. Non- ?, a J ci L C ?? lo^ Co ' n P.? n y' PaTmerstflii North (Mr.-W. H.„ D. Bell), for £3 19s. 6d, money ..paid'.'by ;ihe' r plaintiff;■' on behalf;: of. the defendants.. Tho defendants placed an account' in Pratt's hands for collection, and ho took thmn :to vwho.conducted their case. He -paid -the;:solicitor's;;fees,; and charged them to tho defendants, who refused to pay, alleging that, thoy did not know it was a solicitor who had taken charge of their caso, They ■ thought be was a' member of tho plaintiff's firm. . 1

His Worship thought that .it rsible that '.tho defendants. should not know the : 'ma'n: Wns_ft '.sqlioit.or,. and . gavo. judgniont for tho, plaiiitiils for" the amount claimed, and costs. ■ ;: ;iV-;: V-' , CLAIM-FOII GOODS SOLD, • Joseph F. Mooro, labourer (Mr.. Cook) sued Borti'nshaw. aiul Kvcnscn, auctioneers -(Mr. Neavo),' for £11 :4s, tho price of certain 'goods . .belonging;-to the' plaintiff,''alleged, to "have;- been'-sold by the .defendants. . . ; Th? 'plaintiff's - wife, 1 it l was contended, had sent'-lailarge'amount of:furniture to the defetidarits to "soil,, and , the g9ods had .been soldi-? The plaintiff 'claimed .that part of. the ; furniture belonged- ■; to - hiraj-: and .that tno defendantsVhad ■,therefore no; right to. sell it .except'^\qri : .^his::;instri^6tipnß..;\-Hovclaimort to recover • from tho- defendants the >value of. theso goods. . . ■:.' .' -, ~: His. Worship held that the. .plaintiff had not estaWished liis ownership of. tlio goods, and ' entered a rion^suit } tho; defendant being allowed .£lss: v ... ■.. _ ■ •>: Joseph'Elliott Orr (Mr. Dix) claimed £23 3s. from William George Somerville (Mr. D. M. Findlay), being £20 alleged to have been promised: : to ' the plaintiff: by the - defendant in .consideration of v tho plaintiff's transferTirig' .certain with £3., 3s. .special. damages. ; ... Tho .plaintiff., failed' to establish.. his claim to -liis .-Worship's satisfaction, ..and; was nonsuited, with costs Bs. . :. ... ; CABMEN IX LITIGATION. (Before, Dr. A. M'Arthur, S.M.) . ■ Wm. -Wcbb,,' cabman' (Jlr. Toogoo'd), sued Michael-Lano (Mr. J. J. ilcGrath) .for £15, a-;olaim for thevrecov.ery:'o.f a ;horse.-.and:for alleged -wrongful detention of: the animal.' .Plaintiff : called-.;:eyidence" ; .to'- show that the hbrse;j which ::had ..bddnged :', to Lane, had been ' bumped by a.. . railway , engine, and had-.had-'.its., shoulder so badly injured ■ that it. ,had'; to"be' turned out. : Wliilst'-it, was turned-out it got into the hands of a ranger, :and .was 'impoiinded. i; liahe imet plaintiff, and said- : h^iteutd';W)fa"te?lidrw-,if;;hß : poundage'; fee,si-:>atid:',took th® "sk- of s\p-mones-;f dama'^es^wfa s'oundago'";ftos'.: to/his stable, from which placo Lane' removed it. Counsel - plaintiff': submitted that-:'- the deal was a gift or a straight-out sale, the; consideration 1 b'eingvthat:. plaintiff paid,the-poundage, fees, for which defendant was liable. : - Defendant, Lane, stated . that after;, the horse met with the accident- he turned it out to grass. Witness. met Webh, who told 'him the horse: was. in the pound, and Webh: said ' the horse's shoulder was as.-bad as '-.ever, and that the oil was running, 'out of the wound on the shoulder. -Witness .said the . horse .was no . good to ; him; if it; was that bad,-and - Webb asked if he could have, it.' Subsequently witness found out that the horse was: not 'nearly as bad as Webb made out.: Witness- took Webb's word for the state of the! horse, but when he found the horsp was .not-'in the- Webb had repreT sented it to be, 110 took it back. _ . : At this stage the. "case was adjourned 1 , to February-: 28j' - on 'account .of tho or a material witness. :;; A dispute between two' cabowners ; named Mabel L. J. Lano (Mr., J. J. McGrath) and Wm. Webb (Mr. Toogood) in which the former :oiaimed ;£ll 'ips.\ pver ./a:: transaction ;in ; . reference ;td;..the .sale .of va ; : : cab'. was -partially. hear.d;*..and. then-adiourued ito .February: 23 to' enable, two further witnesses'; to be called;'

SHIPPING COMPANY AND PASSENGER, Henry Leitch (51* ■ JFair) .aiaimed £6 irorn tho Shaw, Savill and - Albion ; Shipping' Co. (Mr.-WrH./D.vßeinrVWainUff-alleged, that, i'he" was ' a:' passenger from Londonto/Wellington by the 'steamer Arawa. On the run rout it.:was:' the custom' to get certain luggage; up oiice a week'and one week witness got his-box up and'tbok out. certain things,'after, 'which' he'looked the.box. Next time the box ,camo up;it. was p'pen/'nnd. a .suit; of. clothes and a waistcoat' were missing. ' Mr. >; .'Fair' contended; that .the company; was liable as a 'common earner.'; After hearing th'o ; evidenco ;his; TVoValiii) Vgavo! ; j'iidgit&enls"fpr-^t)lSintiff 'for.' -the,, amount; cTaimetl;'and' costs''£l:l63^, 1 CLAIM AND COUNTERCLAIM. ■-'';Jane>iSiegel,;::Ja'(lies' tailor (Mr. Kelly), sued Mrs.'o.' Bates (.Mr. I). M. Findlay) for; '£13".145; : .1id.',--/balance -'alleged; to be'/due'tfor goods sold and delivered...Defendant counterclaimed' for £21,'■; alleged to. be due for'two quarters' board and music ■ for . plaintiff!s daughter,;; at '•'.'defendant's After ihearirig' the. evidence liis Worship gave ■judgment -for. plaintiff ;ffor;r r ; £13 r . 14s lid.; ;6n the., Original'claim,.-no.-costs ■ being . allowed, judgment;, would .rtefor;-defendant for. £21 counter-claim, .with costs £1. 9s;. . . MOUNT COOK POLICE COURT. "• At- the' Mount Cook Police Court yesterday morning, beforo Mr. Thomas Bland, . J.P., . Joseph; Smith, charged . with being.; drunk and disorderly,-.was fined 10s., in default 48 hours' imprisonment. A' first offender-was- fined. ss.;' : ;in. default 24 hours' imprisonment.;;' :