MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 897, 17 August 1910, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. R. Hasclden, 5.11.) LANDLORD AND TENANT. THE SHOP AFTER SURRENDER. Clara Hoby, wife of Arthur Hoby, dentist,'of AVellington, claimed .£2l Us. sd. damages from David Prcssly ■ Matthews, butcher, of jilble&worth Street, and Joseph Victor, butcher, of Jtasterton. ;

Plaintiff's statement of claim alleged that the premises owned by her at 50 Vivian Street, and rented to - defendants, had been used in an improper manner, that defendant had let the placo fall into decay through want of proper repairs, and had also effected unauthorised structural alterations. -Particulars of '■ the work , which plaintiff alleged that.-she had to carry out in connection with the premises, and of the. loss which she' had suffered, were • set forth, and included expenses incurred in restoration of parts, cleaning, building, and sewerage, and loss of rent for the shop for six weeks at 30s. a week. Mr.. A.' R. Atkinson appeared for' the plaintiff. Uγ. P..Jackson appeared for the defendant Matthews, and Mr. S. Atkinson for the defendant Victor. '■

For the plaintiff it.'.was stated that the premises were let to Messrs. Victor and Matthews on June 26, 190". They were in business together till February 22, 1909, when Victor withdrew, and then Matthews carried on the business by himself, until January 17, 1910. Owing to unauthorised alterations carried out by defendants, and the condition: which the;premises wore.left, plaintiff had Veen unable ■ to . find a new tenant till May 9, and had been put to the expenses claimed in making the building suitable for new tenant. . .

. For the defence it was contended that the premises were not originally suitable for a butcher's shop; that plaintiff kiiew that-they were required for. a butcher's shop;, that by offering no objection. to the alterations when they were'carried out she'had tacitly consented to them, ■and had recognised tht-ir necessity; and that when the premises were vacated they were given a good cleaning, and left, in reasonable'condition. ■ ■ After hearing argument, his Worship reserved his decision. . ■

■ SAIIPLES LOST IN A FIRE. H. Price und Co., Ltd., mcrcnnuts, of ■ Wellington, claimed 18s. 9(1. from the Now ..Zealand , Express Co., Ne«- ; Plymouth, valuo of traveller's samples eutrusted to the defendants as carriers, on. July 25 last for removal from the Railway Station, New Plymouth, to the premises of, West and Sons, New Plymouth, and which were destroyed by fire (whilst in defendants , ' charge. ' Mr. Arnold appeared for plaintiffs, and Mr. Dalziell for defendants. ' ■ ■ . .

It was stated that, on April io last, plaintiffs' traveller had handed his excess luggago tickets to defendants' carrier, who was to get the samples; and take them to the premises of West and Sons. When the carrier arrived at West and . Sons, the - firm's building was closed, so he drove the samples to a stable belonging to the New, Zealand Express Co., and the saniples-.had there been destroyed by a fire which broko out early on the morning of April 20. Plaintiff claimed that defendants were -responsible for the safe delivery ..of. the..goods. Owing to defendants' negligence, in not. storing the, goods, in a proper warehouse, plaintiffs could not receive the benefits .of their insurance'policy against .fire loss, or damage.' . After. ; the. evidence of two . New l?lyniouth witnesses for tho defence .had been taken, the case was adjourned for a week *o enable-another -witness to be. called from Now -Plymouth to tender evidence regarding ■'■ delivery at West and Sons; concerning which tho evidence submitted was conflicting.; ■ ■ .■' ■

JUDGMENT BY.DEFAULT. Judgment ;was entered for. plaintiffs by default"* in the following undefended cases:—Enoch Tonks v. E. Platt, sen., .£l9 2s. 6d.,. costs .£l'. 10s;: 6d.j .: Garnet Stafford'"'Matthews v." Percy 'William Wates,' 10s. 6d., costs 125.; Marshall John Donnelly ':v.■ - Sergeaiit-Major ■■William Burr, £1 105. , , costs : 55.; samc ; y.' MaTy Cooper, costs £1 2s. 6(1. i, Smith ■■ and Smith, Ltd.,. v. Mrs; Teldne Moore, «£8 Bs. 10d.,,costs, £1 7s.- 6(1.;, Te Aro Houso Drapery Company,- Ltd.', y..Edward , C.' Collett, £i ss. 3d., costs. 10s/;' Colin M'Konzio v.- John H. Muir, .£lO Bs,.,'costs .£1 10s. 6d.; Empire Loan and Discount Company, Ltd., v. Robert Cameron, £S ss.i costs Bs.; Oakley, Adams, and Company Proprietary', Ltd., v. James Woods, .£ll, costs £1 10s. 6d.; Jackson and Company v. John Fraser, i£B 7s. Id., costs £1 Ss. 6d.; Lancaster .Land Company, Ltd., v. Archibald Cameron' Pearce, .£25, costs £2 165.; Thompson Bros., Ltd., v. Minnie Rintoul, 35., costs 55.; Thomas North, v. Phil. O'Keefe, .£2 'Bs., ' cost* Us.; E. T. Taylor and Company v. Benjamin-Brobio, .£5 Us.'fid., costs .£1 3s. 6d.; Wellington Timber Company,. Ltd., V; L; Pulsford, costs 11s.; New 'Zealand Tiitfes Company, Ltd., v. Miramar Athletic .Park, and Wonderland Company, Ltd., 55., costs .£4: Wellington Publishing. Company ; v. . Miramar Athletic Park and Wonderland- Company, ■ Ltd., .£23 os. 6d., costs £2 Us. ' " , . . i JUDGMENT SUMMONSES. '' Patrick Fitzgerald was ordered'to paj £S 16s. 6d. to R. M'Nab, on or', before August 30, 1910, in default five days' i imprisonment. . Albert James .was nriler'ed to pay JH! 9s. to William George Emeny,. on or 'before:August , -30,-in default seven days' imprisonment. ; : .•-• In the case of Thompson Bros., Ltd., v. Edmund Buokeridge, defendant was ordered to pay 10s. M., on or before August 30, in default 2i hours' imprisonment. . No orders were, made in the -following judgment summons cases:—Donald Gordon v. Joseph Bnrke, a claim for il3 85.5 d.; Devitt-and DoclJey v. C. Tl. Moantfort, H. Tonks v. William John Hooldey, .£7'3s. . ■ ■ ■ ' POLICE CASES. (Before Mr.' W. G. Riddell, S.M.) ' A STAND-UP FIGHT. • ' ,Arthur Stevens and William Egan were jointly charged with threatening, behaviour' in Kent ' Terrace, whereby a breach of the peace was occasioned. Both accused pleaded guilty. ■ Sub-Inspector Norwood stated that the. men engaged in a stand-up fight in' Kent ; Terrace, and one of the men had already been knocked down when a police constable interfered. Stevens had been fivetimes previously convicted, and there were 19 previous convictions against Egan.His Worship fined each accused 405., in default 7 days' imprisonment, witnesses' expenses, 65., to bo divided botween them. IDLE AND DISORDERLY. Jessie M'Ewan was charged with being' an idle and disorderly person, having insufficient lawful means of support. She pleaded not guilty. Police evidence was to the effect that the woman had'a large number of previous convictions ' against her, and for some months past she had only done three days' work. Sho was convicted and sentenced to three months' imprisonment. OTHER CASES. Henry.. Lawrence, a fireman, ■ who pleaded guilty to using improper language, was fined J3, in default 14 days' imprisonment. Edmund Montgomery pleaded not guilty to a charge of drunkenness, but was convicted, deemed to be a habitual inebriate, and .sentenced to one month's imprisonment. Frederick Joseph Nicholson, who appeared on a charge of insobriety, was remanded until August 19 for curative treatment. One first, offending inebriate was fined 55., in default 24 hours' imprisonment.