MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 507, 14 May 1909, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.MO TflE EIGHT TO LOOK IN A WINDOW. . 'Archibald Fabling; ; and Ernest : Augustus D&nMwcre: charged with having bohaveu in a t niaiiner ..whereby ■ a'.breach - of. the peace was ;" / occasioned in Ltimbton. Quay. . Fabling pleaded guilty, Mid Dance pleaded not guilty. It appearca.; thiit ;Dance..,was standing :.I(tting in . Messrs. Kirkcaldie and Stains's wndow, .when the : other inan'came up, (and. said tl at ho/had no; right to look in the-windoiv; fiAn ii'ium.ent' en&iM, and' Fabling struck Dance,' uho put up . bis:' I hdud to defend himself. . " • ; fi»-Worship convicted ( Fabling and fined , \hiM,2oa.; in default/seven days'-imp:jsonuiorit. 4 1 ' Dante was. fined. lOs.j' in default.'4B tours' imprisonment.. ; -jV /• . A ■DOUBLE-BARRELLED CIAiiOE. oA ,young'man named Patrick Boylo, n seajnaii; pleaded guilty: (1) to disorderly behaviour in-';Qliuzne'o..Street whilst .drunk,' ami" (2) to ,:nsiiig!..obscene ; :!anguage.lt :was stated by the j. .Mlipo;'that:;accu6ed'. was.-jostling .'and catching hold of people in the street, ana,-when ho was ;■ arrtsted, used',this' language i complained of. i On .the first charge, n_fino'of 205., aud in default seven days' imprisonment.: was entered, .; >"• and- (in the second charge-accused was convicted »iid'fined *E3, iii default li days' imprisonment.

■ ' OTHER CASES., \; ; , The old man, Thos. - Brodie, who was before the Court on: Wednesday for theft of boots and on a charge of vagrancy, was charged with the r thqft' of .'-two pairs of .'boots and; three hats of, a total value of 205., the property of W. Dinidore.,, His:; Worship' entered a sentence, of 21 days' imprisonment.: i, . ' , - , , ,::Ail .- elderly; ,person.-. named Alexander Day, who, - accbrdihg: to thoi police, liacl been' -wandering about for, the 'last' three mornings, pleaded not guilty., to being: an ■ idle and disorderly poi-son,-in-that he; had insufficient lawful means of ■''support.'' ', He was retnauded to May 19, to enablo.the gaol to medically examine him... Sarah*'Jamieson, ; charged with insobriety, was : convicted and fined 205., in default seven days' iniprisoliment.'' John Sullivin,: also oharged with insobriety, was convicted and fined 105.,; in. defiiult . 43 hours'' imprisonment. .One first.offender.was\fined .55.,; and tvo ethers were convicted and discharged. ; CIVIL BUSINESS., i (Beforo Dr." A; M'Arthur, S;M.) ■ : • . UNDEFENDED CASES. '! Judgment was entered for plaintiff by default;'of .defendant in tho following civil cases:—Gear 3leat' Co. v. John Wilson, 18s. Bs.; Wm.' Cable and Co. v. Proudo and. Abbott,,.iiß costs,,>El 13s; Gd.; Stowart Timber, Glass, and Hardware Co., Ltd., v. John. James Stanton; ,£39 Us. Id., costs il 8s.;• Thompson 8r05.,. Ltd., /v. .Caroline\ Wallis., costs 13s.j C. M. Banks, Ltd.,, v. Robert . Marsh, lis., lid., costs-;6s. ; sanie-'. 'yGeorge M'Kinnon, Us, lid., costs 55.; sanio v. Samuel, Smith ; and Co.;; 'Hs.'. 11d.', : costs ss. i same; v. Henry: Sorenson, Ids. lid., costs ss. j Chas., Simniouds v. John Morgan, JE4 10s., costs ' 10s.; Wm.: Henry Nash v. John.D. Sullivan. ; <Bl2 I.Bs'; 3d;,'costs >£l 10s. :6d.; 1\ Hayman and Co.; v. Kate Lecaldano,' i3l u 2s. ,lld., costs £2 lis. , 4 iNo order was .made in the judgment summons case, Executrix of the wilLot' W. A. Logan, de-. •ceased,'v.. Leonard George Birch, a debt of ,£8 os. 3(1.' ..

!• DEFENDED CASES.

.(Before Dr. A.-M'-Arthur r .$.M.). , ' Bertensiiaw and Evenson,- commission- agents, claimed ii£l 105.,;6d: from' Jessio' Smith- (Mr. O'Regan) for. services rendered..; After v a' coun-ter-claim by:' defendant- had - been taken, into consideration,-..thcro -was^only■ Is. difference .between the. parties; dhd'judgment .for plaintiffs for. that'amount costs. - ■ ' HURT ON CLYDE QUAY WHARF. ; ~ j-: Reserved " judgment ,was ..delivered by Dr. .M'Arthur,: S.M;,'.in , the -.case .Charles -Martin (Mr.,. ICirkcaldie) ; v. .M'Lean and Sons. (Mr. .M'Lean), a claim for ;>ESO damages sustained by. plaintiff through an accident • whilst, working tor defendants on the Clyde Quay Wharf. . -His Worship said a workman.was entitled' to' ' presume that tho materials provided for him to.work upon,were.not inferior to the average, and that : the" employer should exercise at least ordinary care and. diligenf# towards him. In his- opinion defendants were liable'in supplying a defective Winch, and, further,' the' Court was of opinion: that the-plaintiff Vlid not voluntarily agree to; accept the risk of tho work without .the "additional risk'of.-a- fixed'or stiff: handle., Judgment' would be for plaintiff for .£3O, lesi the amount of compensation received, and costs i! 5 6s. .• . f ;

■ A PROMISSORY NOTE. 1

■ His./ Worship dlso delivered judgment in tho case Pf John Brodie and' Edward Bertram, trading as J. Brodie and Co, (M. Buddie) v. Mrs. Lydia ; ; Eloise : Somerville and Mrs. Elizabeth Somervillo (Mr.' Dunn). . ■ ; Tho plaintiffs claimed as;, tho payees 'of;a' promissory noto for .£l5O, dated .November 19, 11908, mado by A;:'.' (J.- Somervillo, and pay-'abW;tifo''ra'onths-.aftSrrdate to. the olaintifis-or order/' and ..endorsed by ' the defendants, which note was .dishonoured; on presentment, notice of BUch dishbhonr-jbeiflg- given,- to the defendants. Tho" ctidotsees were Mrs!;'L; E. Somervillo and ;Mrs. they were guar-' nntors of-,tho note. :.Tho promissory note was j.duef onv a'.-'Friday; .; ;.The _ plaintiffs', reoeived notice of..dishonour at midday en Saturday, .'and ivrote; the notices of dishonour to the defendants on Monday morning,, and "dispatched. .them' ! registered by 'post the' same tunning. Mr.),Dunn contended;, that the; notice of \dis•h'onbur was out, of t-'me. The Court-wa9 of 'that it ivas : in time, ~'.nd rnoted ,authoritiefl*in support.of this view. Judgment .waS-'givOn;for.-tho.plaintiffs, as against all; the :defendants, "irith costs ,£ll 19s. .• ■ COMMISSION AGENT'S CLAIM. '-:A--further, reserved judgment was givtn by Dr. M'Arthnr, the case being A. C. Pearce and Co. (Mr. Blair) v. Patrick Dwyer (Mr. W. H. D. Bell), a claim for .£37 10s for taking an inventory of the stock of the Clnb Hotel,-.Wood-vilb: and valuing; the stock, also a procuration fee for; obtaining a mortgage. : The'principal, item in .dispute was tie procuration fee. -Plaintiff:;asserteu. distinctly; that .he'told defendant that his fee would bo, 1 por, cent, for'procuration.' Defendant denied this, and Baid that plaintiff , never-mentioned , a procuration fee until; he rendered an account. His Worship considered that plaintiff was Entitled to his proCuratioft .fee,-; He evidently/went to .considerable trouble, and,'.unless', the Court were .to disbelieve him altogether, he was promised payment by tlto defendant. Judgment would be for plaintiff for;' the : amount claimed' and 'costs ;(ii-25.).;"-;. -,--,; : ;