MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 969, 9 November 1910, Page 3

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Dr. A. M'Arthur, S.M.) . A-DEAL W HAEDWOODS. . J ?^ n , M'Lean and Sons, contractors, of .Wellington; sued David Andrews contractor, also of Wellington, to recover the sum of £113 4s. -2d. balance ■alleged to be due to plaintiffs on account of twelve ironbark piles sold and delivered to defendant. Mr. C. B. Morison appeared for plaintiffs and Mr. A Blair for defendant. The case for the plaintiff was that defendant wished to borrow twelve piles in connection with a bridge contract but .plaintiffs had declined to lend the piles and eventually defendant had bought twelve 60ft. piles at a charge of 3s. 6d. per foot. Plaintiffs admitted that defendant had left twelvo 55ft. piles on the reclaimed land near the dock, but denied that those were to be accepted in 'exchange. Defendant had been, sent an account for the cost of the 60ft. piles, £122 6s. 6cl, less a credit item of £9 2s. 3d. For tho defence it was contended that plaintiffs' clerk had agreed with defendant that the 60ft. piles should be replaced by defendant delivering twelve 55ft. piles, which arrived in a shipment of hardwood about a fortnight after defendant had secured tho original piles from plaintiffs. It was further contended that these piles had been delivered and some of them used by plaintiffs. Defendants therefore considered that his only liability was for tho difference in length of the piles, at 3s. 6d. per foot. The case was adjourned sino die to enablo the evidence of a witness, now at Otira tunnel, to bo obtained. LADY'S TAILOR-MADE COSTUME. Isidore Jacobus, tailor, of Wellington, claimed £9 6s. from Daniel Cor'onno, boot manufacturer, of Tory Street. The amount was made, up of £5 65., balance of an account for one lady's costume, and £4 damages for an alleged assault by plaintiff on the defendant. There was a counter-claim of £1 7s. for board and lodging and money lent. Mr. P. Jackson appeared for tho plaintiff and Mr. M. Crombio for tho defendant. Plaintiff's case was that in August, 1909, defendant had ordered a lady's tailor-made costume for Mrs. Coram™, .the price to be £6 6s. When tho cos-

tumo had been completed.defendant had refused -to accept it, and on several occasions had repudiated liability. Finally, when plaintiff went along with the costume, on October 14, 1910, defendant had, according to plaintiff, snatched the parcel and threatened plaintiff with a knife unless he left tho shop. Mrs. Ooronno had previously paid £1 -on the costume, and plaintiff now claimed tho balance, together with tho damages mentioned. Plaintiff denied liability in connection with the counter-claim. The defence was- a denial of the agreement to pay £6 6s. for tho costume, £3 being mentioned as tho price agreed to. It was contended that the costume did not fit, but defendant was willing, if it were altered, to pay £3, less- the amount already paid, and the amount of the counter-claim. Decision was reserved.

UNDEFENDED CASES. Judgment by default was given for plaintiff in tho following undefended cases:—Hooper and Harrison v. Frank iUackay, £2 18s., costs 10s.; Otto Jerusalem and Co. v. Thomas Sampson, £9 10s. 3d., costs £1 3s. 6d.: Bates and l«es v. Frederick William Popple, £2 los., costs 10s.; same v. Martin Paramor, £11 3 S . 2d., costs £1 10s. 6d.: same v. Percy N. Keeling, £4 Is. 6d., costs 10s.; Gracefield, Ltd. v. P. C. Elliott, £33 165., costs £2 14s. ,6d.: H. Price and Co., Ltd. v. H. Holmes, £60 Is., costs-£4; Albert Wardle v. Mrs. M "y M'Parland, 16s. Bd., costs 35.; Gilbert E. Townes v. Roland Kidson, £2 135., costs 10s.'; Orlando W. Oldham v. 'Mrs. Margaret Curtis, £7 10s., costs £1 3s. 6d;; Stewart Timber, Glass, and Hardware Co., Ltd. v. Henry Cockran, £2 19s. 2d., costs 55.; same v. David Johnstone, £3 lGs. Bd. y costs Ss.; Morfee and Whitehead v. George Carpenter, £5 145., costs £1 4s. 6d.; Houlder and Henneker v. Albert Hutchins°n> £ 17s. Bd., costs 55.; C. and A. Odlm Timber and Hardware Co., Ltd. v. Patrick John Sullivan, £11 lis. 6d„ costs £1 12s. 6d. JUDGMENT SUMMONSES. ■ William White was ordered to pay £2 v• H" io J- W - 6on or before November 22, in default three days' imprisonment. No order was made in the following cases: Bates and Lees v. Henry White, a claim for £4 7s. 6d.; Jackson and bo. v. John Fraser, a' claim for £10 2s. 9d. POLICE CASES. (Before Mr. W. G. Riddell, S.M.) John Marratt, a middle-aged man, pleaded guilty to a charge of being a rogue and a vagabond and elected to be dealt with summarily. Sub-Inspector Norwood stated that the man had lost both legs ins an accident at Westport some time ago, and bad.come to Wellington to receive attention at the hospital. He had recently been discharged from tho institution and at the present timo was without means of support and had been found sleeping out. It was understood that some friends were interested in tho matter of securing the man compensation and the sub-inspector therefore asked for a remand so that inquiries might be made concerning this. Tho magistrate remanded accused until November 14.

Three first-offending inebriates wire each fined 55., in default 24 hours' imprisohme:.rt..