MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 589, 18 August 1909, Page 9

MAGISTRATE'S COURT.

, ■".' (Before' Mr., W..'G. Riddell, S.M.) . '

Two" first offenders for • insobriety, were be r fore the Court j-esterday morning. l ' On'o- was convicted nnd discliarged, and the other fined 55., in default 24 hours' imprisonment.

' "MERELY TELLING HIM TO. LEAVE." V : ; :; A LICENSING CASE. \/v ■" decision was delivered by his Woo: ship, Mv. W. G. Riddell, in tho case of-Polico v: John Shelley.- Dofendant, who is tho licensee of the Foresters' Arms Hotel, was. charged : with'that, on July SO, ho did permit drunken-, ness to'take place on his licensed premises. The facts of tho. oase,!.as!'deterniinea'. by his Worship/wore that, about G. 30 p.m. on- July 30,' a, prohibited person, named Hyde; o'ntered the hotel in a drunken condition; and was found in that condition' twenty minutes later by "SergDanti'Miifphy-.-and a. constable. Defendant stated that he had ordered Hyde'outof the bai , - on, three occasions, but Hyde had paid no attention. In MTlobie v. Boivdcu, said 'his' Worship, Mr.'Justico.-Williams says that ■if it is the; duty.'of a licensee to put a drunken man off,his licensed preitiises, merely 'telling him .-to leave is not a performance of that duty..- His Worship held' that this was -exactly...the.-position in defendant's cuse, and that it was clear, tkit defendant .had failed to exercise, his'.authority., as required by tho .Act. 1 According to -an 'earlier, ctis«, Faber v. Dwyer, defendant could not bo convicted because .thero was '.no evidence- that Hyde had been served with.liquor in the bar, but his -.Worship; preferred to ,bo guided by tho later case of -ITOobie" v.. Bowden. Defendant would .be".convicted "and. fined.',£G, .and- costs 7s. The penalty was made- heavy in order to permit of appeal ou both law i\Ed fnct.. Mr. Blnir. •appeared for defendant. , . "■...' ~' i- J '-"■ CIVIIrBUSINESS. v ':;;• , ; :'-.(Before;^^3£Moi. : {■ 'Judgment, .for plainliff. by, default of. dofendant was given ii,in Ithei follqwing .undofondijd \oases:—William '"A* J.'.-ButoK , 'vV'James; Oakley Suckling, #19 12.3.: 2d., costs' £1 10s, Gd.; Wellington City Corporation t. Katd Comptoii, i!B9 • Us. sd,> costs £1- 65.;-Andrew:Mowatt.Qow.Vi ~George Bass, JEB' 3s'., costs'Xl'Ss. ed.j'ekcntors of : tho .estate of Walter Bullor, deceased, >v. Robert-James 175.-,lid.,.costs "6d,; Levin and ,Co., Ltd., v.;' James M'Kenzie, ,£lO 10s. 10d.,, eosts,-<B2. Bs. Gd.; ■ the ■"Dairyman' and Farmers' Union, Journal" :C6., -Ltd.; \\ Laura,' Annie Bqnifacei £1 155.,' costs"'.lßs.; Wei-. lington-Publishinff Co., litd.,v.-James Shears, «£1 75.',-.cpfets 55. ; ; tho samp.v. ■Mrs.;Briggsi:.i;-i 1 costs 55.; .'the same v. the .Lynder.;Soapmakinß and, Trading Co.,' Ltd., M Bs.; 6d.,' costs; 55,,; Jane Mcs.ton 'v.' Gerald Vaiighan Cooke, £5 Is. Gd., costs' Bs.; the New Zealand Express Co., Ltd., v. Robert. John LamiiladiV 7s. Gd:, costu 7s.;',Gear- Meat Co., Ltd., v.-Edmond Reddich, M is. Sα.,costs lOs.j Evans Bay'Timber'Co. v. W. Briggs, i£2 9s. Bd., costs Bs.; Colonial Carrying Co. of New Zealand v. Frank Spiers, £6 16s. lid.,, costs, JBI 3s. Gd. ...:■... • .. " \Zy . "JUDGMENT/SUMMONS. .',.,''; : In the. judgment summons, case of the Rangitikei County Council v. John White, a debt of £73/95.: fid., the debtor was. ordered. to .pay the amount- duo, on.or beforo August' 31, in default one month's imprisonment. No order was made in each of the follow•ing casesi-^Ellen"Constance Moye y. 1 Elizabeth Murphy,- nee Fulleri:i£ll 9s. 3d.; -Wellington Loan Co., Ltd., v. J. R. Fiater, £S 10s. 9d.

'. i ■'; : V "UNFORTUNATE DISPUTES.":"•' ; - I His Worship ■'Dγ. M'Arthur delivered re--served. judgment in the case of Jnho Stanford (Mr.- Jfinnston) v. Robi .Henry Davenport (Mr. •Wilford). The plaintiff claimed in nil for ~£lO2, 155.,'- consisting, of £22 15s. for rent, posses-, sion of-machinery, or its value'.£7o, and JCIG 'damages ; for detention. The-.defendant coun-ter-olnimed -for ■ JE3B 10s., for/work done and services rendered - - • - : ■ . , The case, said, his ■ "Worship,, was one of a type of. -unfortunate, family disputes. The parties were sister and .brother, and the whole matter, his' Worship considered; was one of ■credibility. •■ ' -. ■.. . ■ '.- -In respeot'.to-the counter-claim, his' WorV ship considered that the defendant was entitled to £7 Ms.,lod. He therefore gave judgment on the claim for -the 'plaintiff for • £31 55.,' aud on the counter-claim lor tho defendant for X 7 135.; ../.': ... : ... , ■ 'GOODS AND DAMAGES. ,: Jno.-Chas., Spedding,. merchant, sued Chas. G. Lamb, of .Doylcston, Canterbury, trading ■las- the: Ellesinere; Grain Agency, for .£l2l Ba. 2d. for.goods supplied 18s. 2d.), ariddam- ; ages' sustained.. ,Tho defendant counterolaimed Iffor: je.49.-lls.-9a.--: Ho alleged that he had sup-, plied goods to the value of £§i 18s. 3d. to tho plaintiff' aud had received no payment. Hβ admitted "that tho plaintiff was entitled to £U Gs. 6d.- for commission. Ciiving credit fot this ■ sum, the defendant still held that the plaintiff-was liable for the balance. There i\v;a3. another case between the same parties, Eftmb suing Spedding for £16 ss. Bd. for goods-' supplied, commission, freight, and other items, After a partial hearing, the cases wero ' adjourned until 2.15 n.in: to-day, llr. Menteath appeared on behaft' of Spedding, and' Mr. ; _H'Grath for Lamb.. '- . ...... ; -'' (Before Mr. W. G. Eiddeli, S.M.) : ■ (-. A HOESE DEAL , . ' A;claim for £11 fis. 7d. was. preferred by Henry William Stabbing,* farmer, of Johnsouvillo (Mr. O'Leary), against Duffy Bros. (Mr. Hordman). Tho statement of claim set out that plaintiff recently purchased from defondants a roan! gelding," for which he paid JBIG. After he'had had it for a little'while, he found that it was suffering from ringbone, and. as, ho stated, defendouts gave, a warranty of soundness at !.Ke time of the sale,'- he claimed XIG, life valti'o of tho horse, aiid*.£l 6s. 7d., expenses.incurred, as damages for alleged frnud. llr. Herdnian, -for the defence, contended that no warranty had been given and ■the aasu was ono in which tho maxim, caveat eropton, should apply. Defendants, he stated, had no knowledge- that the horse was suffering from the disease mentioned. After ho had heard the evidence, his Worship intimated that he would reserve his decision until August 19. - ... ■■*'.'.■ ■"■.'■■■.■ -. LODGER AND LANDLADY. ■„.". Mrs. Margaret Peters, boardinghouEe-kceper, •of Wellington Terraco (Mr. "Mutphy), sued 'Henry Darby (Mr. P. Jackson) for £8, bnlance of Account for-board and lodging. Defendant stated that tho amount was not due, sinco the agreement made as to : terms was for a'smaller siim than stated by plaintiff.- His Worship, however, gave . jmtgmcnt. for the : aiuouut claimc.d, with costs c£l : 18s.: ' .