MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 559, 14 July 1909, Page 4

MAGISTRATE'S COURT.

j> ' ' .{Before Mr. W. G. Eiddell, S.M.) j_ '," ' ALLEGED ASSAULT. | '' 'A' street quarrel, on Monday night, at the I I ' corner of C'ourfcenay Plaec and Taranaki Street, ,' resulted in the appearance before the Court of I ' a. young man named Jamts Reynolds, charged | with unlawfully assaulting Frank Johnson, *■ ,Accused plfeidcd not guilty, and was re- '- , ' nionded to Jnly 19, bail being allowed in ,£BO , 1 ' and two. sureties of £40 each. f ,i , ; .INSOBRIETY, f . For over-indulgence in, liquor Clara Brannl-' ! gin, who had been once'previously convicted, > wae fined 55., in default 48 hours' imprisonment. - Two first-offenders were fined a similar :- < amount, vtho defaults being fixed at 24 and 18 J i hours' imprisonment.

' ' CIVIL BUSINESS.

' ' '(Before Dr.- A. M'Arthur, S.M.) ' ' ' UNDEFENDED CASES. I Judgment for plaintiff by default of defcnd,r ant was givon in the following undefended ' cases.—Edward Collie v. Frank Hedgman, .£25 4s. Si., costs '£5 25.; Wellington City Corporation v. John White Thompson, £2 17s. 10d., , costs 75.; James Smith and Sons v., Hector - ' Nicol, £10 6s. 3d., costs 155.; United Farmers' Co-operative ' Association, Ltd., v. Frederick Ben&e, £1 Us. 9d., costs be.; Leery and Co., Ltd. v. Mrs. Elizabeth Kitson, .£4O 7s. 3d., ' v costs £2 llsjj Whitcombo add Tombs, LCd., v. Bonithon Petroleum Co., Ltd., £& 12s. 6d., 1 oosts JA. S?. 6d.; William Patrick Healey v. f William Rhodes, 17s. 6d., costs 55.; Abraham " and Williams, Ltd., v. George Andrew, son., ' , £2 12s. 6d.< costs 10s.; South Pacific Mortgage r and Iteposit Co., Ltd., v. Eobert Corsen and Michael Dalton, JGIO 55., costs jei 11s. 6d. (a 1 third defendant • confessed judgment for the 1 amonat); New Zealand Frmt and Produce Co., , Ltd., v. 3am Loong, £17 10s. 2d,, costs £1 10s. 6d.; Albert E. Mann v. George Peofc, 7e. 6d.,

' costs Ss. [ V ' JUDGMENT SUMMONSES. ! In the judgment summons pase oi Harrowby i and Son t. John Carse Arbaokle/a debt of 1 £1 135., the debtor was ordered to pay on or ; before July 27, in default eeven days lmprison- . ment. ' Thomas O'Noill was ordered to pay forth- ' with to the Gear Moat Preserving and Freez- .• inj',Co<rof New Zealand the mini of £3 10s.

3d, in default three days' imprisonment, the warrant to bo suspended so long as. 5s a wcok is paid off tho amount In tho oaso of Ilcdly Vicars Urcn k Grorgo Perkins, a debt of £ f > 15s. Sd tho dcbtoi wardered, to dry on oi before, Julj 27, ia default seven dajs' imprisonment Miohaol Hogan was ordered to pay to J 11. Geddes, on or boforo July 27, tho sum of £i"m, in default three days' impr sonment ' f , DEPENDED, GASES ALLEGED TRESPASS '•Wio-oase- of Lucy Anna. Butts (Mi DM Fradlay) v. Benjamin Spmoloff (Mr. Lovi), whloh had been boforo tho Court for several dajs, was concluded , \ -Tne parties- aio neighbouring property owners at Nowtown TUo ,plnmtiff alleged that tho defendant entered on to her land, cut down certain trim and rondo a drain, causing damage for which she claimed .C2O llio ilefondanF counter claimed for £50, stating that tho plaintiff had allowed water to run horn her land on to his _ v Judgmont-was reserved, . ~ COMPETITION IN THE MILK TRADE His Worship, Dr M'Arthur, delivered his «£ned jud K mqnt in the o George, MoraiSpffi t ™?4 dor -dT y, deC husinesi in Kiddiffcrd Street, and tho defendant company is an uworporated company sup DlvinK mAk to reto.ll nulfc-vendore iu tho city The parties entered ihto an agreement, by which the company was bound not to compete against tho plaintiff -n tho supply of milk to pnvatft houses. Ut wa? allc K ed by plaintiff ha?, du ing tho contmuanco o ho B «oen»it, defendants (under tho name of the Manawatu Milk Supply Compan} competed against plain tiff in the supply of milk to private houses in Wellington Defendant therefore chimed .£IOO damages H» Worship considered that the P"'icutar agreement entered .into between the plaintiff and tho defendant company was in pursuance of a ceneral agreement between certain >«tai ra,lk-vendor- (of which plaintiff was one) and Se defendant company In his opinion, plaintiff must fail ou his particular agreomen alone, for tho following reasons -Not only did plaintiff not show that tie defendant company waa the Manawatn Milk Supplv Company, but the evidence was clear that the latter companv was a little \enture of the factory manager. Ev«n then no competition was shown but only a supply of a liftlo humanised milk, tthioh plaintiff did nor seem to bother about The fact that the defendant company kept tho books of the Manawatn Milk Supply Companj was not evidence that it was carrying on business, "cither m its own name or that of any other person " .',.,. ■. l o C Judgment was for defendant, with costs as (Before' Mr. W. G Eiddcll, SM ) MAKING AN INVENTORY. The cost of making an inventory of >furm tnro in a boaidinghouse was the basis of a olajm for £2 2s, brought by Wm. Jno, Morton (Mr A. H. Bnrnett) against Jno Cloary (Mr. F. Ward). Plaintiff stated that, at defendant s request, he made an inventory of tho fnrnitare in a boardinghouse, which defendant proposed to purchase through him. The defence was that plaintiff, as aqent for the should supply a'list of Jndpnient was given for defendant,' with costs £1 2s " \ , '; 'BALANCE Or A LOAN Tho balance of principal and interest over security on a loan was sued for by the Te Aro Loan Discount and Investment Company, Ltd, in then coae against Frederick Wm Peet and Chas AVadley Evidence calkd by Ml Bolton, for tho plaintiff compan:, was to the effect that defendant Peet, failing to pay instalments on the loan, and his surety (defendant Wadlcy) declining to liquidato the debt plaintiff sold up the soounty, whioh failed to realise, the amount of the loan, with interest, etc, by £51 18s Mr, Fitzgibbon, on behalf of defendant Wadley, said that tho latter, who was onlj surety in tho deed; had not been given dne notice by the plaintiff company re tcPeot' , ) defaulting Any action brought should be an action for damages for breach of covenant, His Worship entered up judgment for plaintiff, with costs £5 16s against defendant Wadley, and judgment by consent against defendant Peet, with costs £i Os. 6d.