CIVIL BUSINESS.

Dominion, Volume 2, Issue 483, 16 April 1909, Page 9

CIVIL BUSINESS.

■ (Before Dr. A. M'Arthur, S.M.) ■■ * . UNDEFENDED CASES. ' . , Judgment for plaintiff by default of defendant was entered in the following cases:—United' Farmers'' Co-operativ& Association, Ltd., v. Timothy Magee, £i 15s. 5d., costs 10s.; Wallace and Gibson V. George'd'Emden, £i 3s. 2d., costs 125.; executors of .the estate'of late W. Toogood (deceased) v. George Saunders, £22 lis., costs £2 145.; Whitcombo and Tombs, Ltd., v. S. B. R.. Budge, £3 2s. 3d., costs 205.; Green and Davis v. : John Collie, -£12 IGs. 7d., costs £i 15s. 64.; Palmer . Engineering Co., Ltd., v. Smith;. Marshall, and : May, £3 16s. 4d., costs 125.; Av S. Paterson and Coi v; Leonard Clonth, >G6 17s. 9d., costs \£l 3s. 6d.; Joseph Ormrod v. Henry Matthew Stmvell, £19 Is. 4d., costs £1, 12s. 6d.; Henry J. M'Lean v. Alfred C. Morris, ,£3, costs 10s.; Publio Trustee r. Edmund Blatt, w£l3 10s., costs 13s. 6d.;-Stewart; Timber, Glass, and Hardware Co. v. Chas. Galsworthy-Heard, JE2O 18a. 3d.) costs Ba. j Sargood,' Son, and Ewen, Ltd., v. Elirabeth L: Murphy (formerly Mrs. Fuller), i!3l 2s. Id., 'Costs £2 lis.; Griffiths'and Co., Ltd., v. Herbert " E. Keys, /;15, costs il 10s. 6d.; Ann Maud Burton v, t Chas. costs w£l Bs. «d.; W. J. Gsudin and te t. Joseph -Hamilton, f 2 -? ss ,Vcosts £2 145.; George. Winder r. John Moffatt, .E3 19s. 2d„ costs lis.; same t. J. Stapleton,'. ,16s* costs'ss.; Stewart Timber. Gass, and Hardware Co., Ltd., r. Holmes and Allan, £1 7s, 10d., costs 85.; Frans Haas* r. George H. Morgan, Xl#, costs £2 Wed.,-Solo-mon Habib_y. Abood Sassen, .£IOB 65.. costs £& 175.; Geo. W. ; Wilton v. Thos.; E. Cahill, 12s costs 55.; Henry J. M'Lean v.. Thos. H. WatEon, .£3__3s., costs lis,; George Head v. John Cook, .CIS 75., costs j£l 10s. 6d. ;'; : JUDGMENT SUMMONSES. In tho judgment summons case, A. E. Ansell and Co. v. Patrick M'Grath,, a debt of jE2 7s„ debtor was ordered to pav, on; or before April 23, in default three days imprisonment. Pi f'-nrn was:.ordewd' to pay £1, Bs. to Robert Wil oughby Amit, on or before April Wl l! seven days' imprisonment. waiter Homer was ordered to pay the Te Aro House .Drapery , Co., Ltd.; £5 ss. 9d., be. meht in default seven days' imprison_ln the case j Donald Maegregor Wright v. Walter .Baxendale Giesen, a debt of £32 16s. la., debtor was ordered to pay on or beforn Apnl 29, in default one 1 month's imprisonment mwanganui Gaol:. . J*; E- was'ordored to. pay £5 os. 6d. to A. A. Whiteman before April 29, in default seven days imprisonment. • . .1® ? 9 - 6d. before April 29, m default 14 davs' imprisonment. . . In the case Chas. Mansell Sannders v. Frederick Wm. -Green,', a debt of 175., debtor was ordered to . pay. before April 29, in default seven days, imprisonment. _ No orders weromado in the following cases.— United Partners Co-operativo Association, Ltd., v ' J-Di Henr y Karsten, X2O 12s. 4d. ; Veitch and Allan v. Wm. Dingwall. .63 17s. Pd. : and Chas. M Master v. Thos. M'Kay, jg3i y Si . DEPENDED CASES. . A DOG-OWNER'S TROUBLES. (Before Dr. A. M'Arthur, S.M.) .Trouble over i the ownership of a sheepdog was .the foundation of a cross aotion in wnich John Myers, farm hand, (Mr. Toogood), sued ie *i«n f j orth Taka P«. farmer (Mr. Stafford), for damages for alleged assault, committed, on or about March 22, by defendant striking and; 'Wtine.' plaintiff. Defendant Meagher claimed that he was the owner of a back collie wrongfully' detained by plaintiff, and sought the • return of "the doe or itsl value (X2O), also .810 for detention. Evidence was to the.'effeot, that Myers was working; for Meagher, when he' got' the money from. his _employer. to purchase - the. dog in question. Myers-alleged that, lie got the money (an advance: on his wages) from Meagher, and. bought the dog for himself... Meagher/on the other hand, contended that he sent Myers to purchase the dog for him.- Myers alleged that he allowed; his employer to work the dog on condition that he paid the registration fees in each year. ■ Myers subsequently left Meagher's farnj, and returned later and- took. tue dog. J. he alleged assault took place when Meagher went to the farm, on which Myers had gone to worJc }i in-reference to the dog, ' the evidence : his "Worship said that, he believed that the dog; was purchased by Myers with his own money, and-he also considered that the assault was an unprovoked one. Judgment would be for Myers, on the claim for ,£ls, and costs £G 55., and, on the counter-claim, ho would also have judgment, and, costs X 2 2s. . . (Before Mr.. W- G. Eiddcll, S.M.) ! A HORSE AND A t HEDGE. < William .M'Qoldrick, clerk, Hataitai, sued Thomas Walker, carter, Kilbirnie (Mr. O Leary), for £\; damage alleged : to have been caused to the plaintiff's hedge through its being nibbled by the defendant's horse. His Worship assessed the damage at 10s., for whioh amount ha gave judgment with costs .«1 os. Bd. ! RESERVED JUDGMENT. •' SALE BY DESCRIPTION. Mr. W. G. Riddell, S.M., delivored his reserved decision in the case of Avison and Mil.' lan (Mr. Bunny) v. Cain (Mr. Coulter). ' In January, 1909, the plaintiffs wrote from Wellington to the defendant, in Blenheim, offering him a Dayton oomputing scales, of tho latest pattern, in perfect order, for .£ls, also a Dayton cheese-cutter, in good order, for i£9. The defendant telegraphed to the plaintiffs for the articles, -vhioh were • duly sent over. They wore then returned by the defendant, who alleged that the scales were not What he expeotod to buy, and that, they would not weigh correctly. He also alleged that ooltain parts of tho oheese-cutter were missing.. He, therefore, refused to accept the articles, or lo pay for them. . Sis Worship said that the sale was one by description, and that the defendant had a ri?ht to rofuse the articles if they were not as. tlie plaintiffs had represented them. Ho found, however, that the soalcs answered to tho plaintiff's description, their alleged defects teing due to the defendant's inability to work thorn. Tho plaintiff had, therefore, no right to refuse" to accept the scales. In the case of the oheess-cuttor, however, it was different, as thero wero sovoral parts missing. Tho defendant need not, therefore, take delivery of tho cheese-cutter. Judgment was for the plaintiffs for jei9, with costs .£5 2s. MOUNT COOK POLICE. COURT. At the Mount Cook Polico Court yesterday, before Dr. Maokin, J.P., Bartholomew Mahoricy, charged with insobriety, was fined 10s., in dofault 48 hours' imprisonment. One first offender for drunkenness was fined 55., in dofault 24 hours. Throe first offenders were conyicted and discharged.