MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 535, 16 June 1909, Page 11

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S^.) REMANDED FOR SENTENCE. A young woman, Violot Patoa; alias Frazor, neatly dressed and of respectable appearance, pleaded guilty to two charges, one of insobriety and ihe second of entering licensed premises during the currency\of a prohibition order. She asked for a ohanoo in order that she might be enabled to "go homo to ner mother. , „, , Station-Sergeant Darby: The accused consented previously to go into tno Samaritan Home, and arrangements have been made to send ner there. Abused preferred to be sent home, but his Worship would not grant her request, fcmsidering that she should bo placed under restraint. She was remanded till to-day tor sentence. ,' CHARGE OF ASSAULT. 1 A fashionably attired young man, named James Boyle, was ohaiged with assaulting Edward Power. 1 On the'application of Mr. O'Leary, who appeared for,'the defence, a remand was granted to June 18, bail being fixed at £5 and one surety of £5. , One first offender for drunkenness was convicted and fined 10s., in default 24 hours' imprisonment.

CIVIL BUSINESS. (BeforeDr.'■A. M'Arthtiri' SMO : UNDEFENDED CASES. Judgment for plaintiff 'by default of defen- • 3ant was 1 given in the following: undefended cases:—Thomas Holling Giles v.' 1 Thomas Brian, costs only, 10s.; S. Luke and Co., Ltd.,<v. Harold Wilson, £5 lis., costs £1 12s. 6d.; Palmer-Enginoering Co., Ltd., v.'G. G. M'Kay, £5 95., costs £1 3s. 6d.; New Zes^ ■ land Express Co., Ltd., v. G. T. Harris; £18 os. 3d.,.'costs, £1 10s. 6d.; Union Cloth-, ing Co. v. George Wilkins, £9 14s. 6d. ; costs 103.; Mary Rogers v. Henry Bloustein, £1 ,103., costs 55.; Kirkaldie and-Stains'; Ltd., . . '- 10s., costs 55.; KirkcaJdie 'and Stains,, Ltd., the same V; James Scully. £13 15s. 3d., costs - dSI 18s.-'.6d.; W. andG. Turnbull and Co. v. A. Miles, £13 7s; Gd.,. costs' £1 17s. 6d.; William Talbut v> James Henry. Fairhurst, 1 £6 Is.'ld., costs £1 3s- 6d.; the' same v. Robert Hare, 18s., costs.Bs:{-''Dairyman and Journal" Co., Ltd.,'v.-John Norris, £8, costs £1 3s. 6d;; Waingawa Meat Co. v. John Henry Baker, £3 55., costs, 10s ; Charles H. Sowell v. Frank J. .Wilkinson," £2, costs 135.; W. and G. Turnbull and Co. v. ! George Henry Moss, 18s. 10dy costs 175.; C. and A. Odlin Timber and Hardware Co., Ltd.; v.'Edward James Campion, £44 4s. 6d., ■ costs £2 165.; Cecilia Wood v. Herbert Littlejohn, £2 iss.,\ costs 13s. ;- Wellington' City Corporation v. Edward Crosby Peers, £7 10s. 6d., costs"Bs. JUDGMENT SUMMONS. . Reginald Welsby, who did not appear, was ordered ,to pay to Miohael M'Grath the; sum of £7 45., on or before June 29, in default , seven days' imprisonment. ' DEFENDED CASES. BUSINESS'OR .GRATITUDE? ' v : N. T. Parsons, commission agent, Ohaknne (Mr.- Fair), sued.H; .Fielder - and .Co,-:(iVlr.i > Neave) for £19,75. 3d., ; which he claimed; as commission for introducing a customer to the. defendants. He alleged, that the defendants, had promised him commission on any busi- ' ness he might bring. them, while the.' defondants said that he had promised to find . . . . them a few customers in gratitude , for past considerations. . ; ■ •' The plaintiff .was nonsuited with costs £1 Is. ALLEGED BREACH OF CONTRACT. v_. George Morris sued the Wellington Fresh Food and Ice Company for £100 for damages . : for'alleged breach of. contract.:, Mr.' 1 Levi, withhim : Mr. O'Leary, appeared on' behalf ,of the plaintiff, and Mr. Johnston for the defondant, company. ■ ' '■ ' Plaintiff and defendant9<aitered into an ar.,v rangemeut''whereby the company agreed to do no' retail business. Plaintiff alleged" that i' the' company had broken, the agreement, whereby the plaintiff suffered damages; - De- ■ fondants denied that they had. committed'a , breach of'their agreement. Their /factory manager earned out some retailing on his own account, but this was entirely his own privato ; V ooncern, and had nothing to do with the com- ' ' pany. _ , ; ; ' !r-. ■ ,: After, a partial hearing the oas© . was adjourncd. '. : COMMISSION FROM A PURCHASER. ■ , f Reserved judgment was delivered by Dr. A. M'Arthur, S.M.y in'tho wise Bertenshaw ■ : and-Evonsen (Mr. Findlay) v.\ Win.-Traill , (Mr; Neaye), a. claim for the sum of £25 for .. work performed by plaintiffs as commission agents in-'connection with the purchase by'de-.. i \ ' fondant of tho Tauherinikau Hotel/ This was ; .a reversal of ,the usual commission claim, the ;;' purchaser being sued • instead of the. vendor., • " Plaintiffs stated that they roceiv<xl instructions from defendant to negotiate on his be- ' half,.and that,fhey succeeded in getting the lowest price, introduced Mr. Traill to a for- , mer, proprietor of the hotel, and'advised him 'iri regard to finance.' Defendant denied, that . : , -: ,he ,gavo any instructions to plaintiffs.- He ■: . ultimately purchased through' another agent with' whom he ,had been conducting negofcia- • tions for somo time prewdusly. ..This Tatter agent succeeded in , reducing tho price to ~ £750,' which was beyond'defendant's means, and later, after plaintiffs had got a reduction : to £700,' brought it down again to £650. His ■ Worship, in his judgment, expressed • the opinion that defendant gave the instructions' ,as : st-ated: by plaintiffs, and that plaintiffs Eerformed the services as stated by them. In is . opinion: the price obtained by plaintiffs was,used as a lever whereby, the other agent waa enabled to close a bargain: - -. That agent obtained his; commission 'of £50 from the ven-oor-and a. suni-of £10 17s. from defendant, Judgment was given for plaintiffs for £15, , , with costs £1 6s.

.(Before Mr. W. G. Riddell, S.M.) ' ■ A PARENT'S LIABILITY. A claim for £14, preferred by Mary Annis, of Seatoun, against Margaret Fitton for board and lodging for defendants daughter, was tho subject of a reserved judgment delivered .by Mr,. W. G. • Biddell, S.M. Counsel 'for ;defondant, had raised a question of law as to.'whether-Mrs. Fitton .was liable for 'tlie 'board and- lodging' of her daughter. ,Tho .'caseis ,cited,'-howover,. Pijupport of this- argument,' his- Worship held, , did not apply, They laid down the principle that n parent is not liable for debts contracted by. an infant, if such debts are contracted without his consent. In this case thoro was no.evidence.to show that tho daughter oyer made a contract, or did anything wliich. might be .construed as a con-

tract. On the othor hand, there was evidence that defendant contracted for her daughter's board and lodging. Judgment would bo for plaintiff for t'ho amount claimed without costs. Mr. O'Leary appeared for plaintiff, and Mr. Goulter for defendant. A DISHONOURED CHEQUE. Cedric George Finn, clerk, of Wellington (Dr. Knight), sued Edward Stanley Smith, carpenter (Mr. Stafford, junr.); for £1. 12b., the amount of a cheque drawn by defendant, and dishonoured by tho Bank of Now South Wales. Counsel for the defence stated that tho cheque was drawn in payment of pound' fees incurred. After drawing the cheque defendant discovered that lie was not liable for tho full amount, and 110 therefore stopped payment. The dofonce was that tho chequo was given under compulsion. His Worship over-ruled this, and gave judgment for . plaintiff for the amount claimed. Security for appeal fixed in tho sum of £10.'