MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 849, 22 June 1910, Page 11

MAGISTRATE'S COURT.

' THE CIVIL SIDE. (floforc Mr. W. It. Haselden, S.M.) LESSONS IN PIE-MAKING. In giving, reserved judgment for the defendant in the case of limes \\ Green, an action for tlib recovery of £75 damages -for alleged broach of'contractdefendant, it was contended, having agreed, on selling his refreshment room to the plaintilf, to teach tho latter how to make pies; and, further, to* supply pies, as per sanmlo, for twelve months —his Worship said that the plaintilf had failed to prove her case; Whatever failure there might have been in respect of instruction supposed to bo given by the defendants—aud this, considered his Worship, was not proved— such failuro was largely owing to tho plaintiff herself, condoned' and waived by her. Neither was it proved • that. the pies delivered by the defendant to the plaintiff were bad, or not according to sample, if there was any sample. Tho defendant was justified, ill the circumstances, in refusing to supply further pies to'tho'. plaintilf. His Worship did not think that tho damages claimed by tho plaintiff were recoverable, oven if tho pies wore bad; in evidence, at tho most, only nominal damages would be recoverable. The foundations of the action had, however, failed. Defendant would be entitled to costs, £3 15s. Mr. G. Toogood appeared for tho plaintiff, and Mr. D. Ml Findlay. for tho defendant. Security for appeal was 'fixed, at Mr. Toogopd's request, at ten guineas. •'-.■'.'". , WHEN LEATHER. FLUCTUATED. A commercial traveller, Edward. M'Giuty (represented by Mr. Dix), proceeded against Granvillo Hunt, merchant, of Wclling'ton (represented by Mr. Levvey), for money duo in respect, of commissions on sales. Ho claimed' £43 10s.. for work, journeys', and 'attendances performed for tho defendant, at bis request, as a commercial traveller, in the sale of certain leather, the property of tho defendant, and particularised in tho statement of claim. Counsel for the plaintiff submitted that his client had arranged'with the. defendant to sell leather oh 5 per ceiit. commission, 2* per cent, to bo payablo when tho orders were obtained, and ■ 2J ■ per cent, upon their delivery. - Plaintiff became entitled to certain, commission as tho result of his efforts on defendant's behalf, and received a portion. He ndw'claimed for tho balance, admitting, at the same time, that the orders had not been delivered. , On that point it was contended that the delivery of tho goods had .been delayed' beyond the limits of what was reasonable . These were ordered last year, and should.have been delivered'in January and February. It was suggested that tho goods wero delayed • owing to certain fluctuations which' bad taken placo in the price of leather. • When tho orders were-taken,'leather was Is. lOd. and ,Is. lid; p'er'lb.; -.when it should have been delivered.the price-had risen to 2s. and 2s. 6d, Defendant,)though ho had received the goods, had not delivered to those who had ordered them. In some ca"scs, leather ordered from tho West Coast bad been shipped to Westport, and •actually re-shipped to Wellington, no doubt to ' take 'advantage of the rise in .the market. ' The defence (by Mr.' Levvey) ,set forth that a certain receipt,. covering settlement of a claim for £25. odd' by & payment of£ls—at the instance of tho plaintilf—definitely t'losed all irucs-, tions in dispute relatve to goods arrived .and deliverable. Tho only .questions ' open between tho parties, contended counsel, referred to goods. still to arrive. Plaintiff could only succeed, if ho succeeded at all, with'tho recovery of commission upon goods .deliverable at .the time'of tho .'issue of the summons—about £13. . , . ■ Under examination by his Worship, defendant admitted that goods ordered by clients had duly arrived, but had not been delivered, his 'traveller (the-plain-tiff) having suggested that there was iio hurry about the delivery.- His Worship remarlajd that such a proceeding' . in husiness .appeared to. him to be im 7 'accountable. After further argumentj the case was adjourned for a week. , ' . '■> . '-■; SALE OF MACHINERY. ~ ■ In: a . recent civil action before tho Court, Norman Gibbs, of Wellington,, liquidator of the Palmer Engineering Co., Lid. (in voluntary liquidation), sued Ellis and .Burnan'd, Ltd., timber merchants, of Hamilton, for tho .sum of £60 175., balance, .of .payment duo on the sale.of Ransotne's automatic board printing machine and-.accessories. Ellis and Bui'naud counter-claimed, for £60 17s. as damages alleged to have'been sustained.'through tho'machinery not having been supplied in accordance'with instructions, serious loss and inconvenience, it was urged', having resulted. Judgment was given by Mr. W..R. j Haselden,-S.lt. yesterday, plaintiffs being awarded £60 175., with" costs £6. The defendants succeeded on their, counter-claim to the extent of £19 10s., with 265. costs. Mr. Dalziell appeared for the .plaintiff, and Mr. W. H. D; 801 l for the. de-. fondant. . ■ ■' ■ ." ... UNDEFENDED CASES. . ' \ ■ Judgment by default , of' defendants' 'was-given for'the plaintiffs in the. following cases :— Wellington City. Council v. ■ Jesse James Hills,'£2o 15s. 3d., costs .£1 3s.'; Hutt County Council v.-James A. Parman, £1 15s. Id., costs, 75.;. same ■v. Alice C. Stevenson, 14s. -Bd., costs 55.; Wellington Publishing Co., Ltd. v. Frank Meyriek, £3 Bs. 6d., costs 55.; 'John Henry Algernon Laughton, . Eli Allen, and Charles John Johnston v. Charles Frederick Sowman, £16 10s., costs £1 10s. 6d.; Moulder and Henneker v. David M'Combe, 12s. 6d., costs Bs.; A. Whoatlcy v. Frederick Latsoiv, 14s. 4d., costs 55.; W. Oscar Howitt and Co., Ltd. v. Caroline Maria Warnos, £2 10s.,.costs 10s.; same v. Gcoi'go and Laura Beard, £5, costs £1. 3s. 6d. .. JUDGMENT SUMMONSES. Orders were made as follows in judg-. me'nt summons cases:—Leah Cecil Arnold v. Eli Win. Arnold, claim of £60, lis. 6d., defendant was ordered to pay tho amount by instalments of 40s. ,a month, first payment to bo - made on July 4,' 1910; Loasby and Isaac v. Gedrgo H. Cell, debt of £3 65.',. defendant was ordered to pay the .amount forthwith, in default two days '.imprisonment, warrant to be suspended so' long as ho pays ,ss. fortnightly. ■ No order was made in the caso of Smith and Smith, Ltd.; v. James Au-' gustus Boyd, a claim of £6 17s. 2d. . POLICE CASES. ' (Beforo Mr. W. G. Riddcll, 531.) A BRAWL AND THE SEQUEL. The sequel to a recent brawl in Fredtrick Street was .the appearance in Court of a'niau named.Joseph Frederick William Holbnrn?, in answer to three charges: First, that lie used obsrene hnguairo: second, that lie assaulted Charles William iNcrilj and, third, that he assaulted Constable Wynne while the latter was executing his duty. The licensed pleaded guilty to all three. The evidence submitted by Sub-In-spector Norwood, when stating.the case for the police,, sot forth that Constable Glynue, hearing a disturbance in Frederic!; Street; investigated tho matter, and naw tho ncousod insido the fence of. a certain, house, striking another

man. .When arrested, Holborne assaulted the constable, who had to get the assistance of other constables before the accused- could be conveyed to the police station, and while en route the fractious captive used the language complained of. ■The .accused was convicted, on all three counts. For the first offence ho was fined £3, with the option of 21 days' imprisonment; on each of the other two he was fined JOs., witli witnesses's costs 125., the .option being 11 days' imprisonment. INSOBRIETY. Two first-n(fending inebriates were each convicted and fined 10s., with "the option of "24 hours' imprisonment. Two others, ex-inmates of the Paka"fcca Island S.A. Institution for Inebriates, were also dealt with. One was'

fined us., in default 24 hours' imprisonment; the other was convicted and discharged. Yeativc Roue Mallalieu, convicted of 'drunkenness, was fined 10s., with a 24 hours' option. OTHER MATTERS. William Booth and Gcorgo Williams, charged with havinp; unlawfully deserted from I-I.M. ships Pioneer and Challenger,- pleaded guilty, and wero remanded for return to the first warship arriving in port. Edward Henry Power was granted a remission of his arrears of maintenance.