MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 983, 25 November 1910, Page 3

MAGISTRATE'S COURT.

(Before Dr. A.. M'Arthur, S.M.) A QUESTION OF QUALITY. Reserved judgment was delivered in the in which the Palmer Engineering Company, in.liquidation, sued W. ICilleen, blacksmith, of Westporf, to recover the sum of ,£l6 is. 10a., due to, plaintiffs .for shoeing iron, rasps, etc., supplied. The defendant counterclaimed for <£17 2s. Id., for alleged damages and breach , of warranty, on account of the iron not being of average quality. The Magistrate was of opinion that the iron was of average quality, and that defendant did not treat it in a proper manner. Judgment was accordingly given for plaintiff on the claim and counterclaim, with costs. AN ASPHALTING CONTRACT. Cornelius Hickey, contractor, of Kilbimie, claimed £9 19s. 2d. from Frederick Brattle, settlor, of Kilbimie, balance due on account of filling in sand, claying, and 'asphalting property at Kilbimie. Mr. P. Jackson appeared for plaintiff, and Mr. E. J. Fitzgibbon for defendant. After hearing evidence, the ..Magistrate gave judgment for plaintiff for £1, with costs £1 lis. . AFTER THE LEASE EXPIEED. Susan Lamberg, widow, of Wellington, sued Albert Silvanous Collyer, butcher, of Wellington, to rccover the sum of £10 17s. 2d., being payment at the rate of double yearly value of certain land and premises, namely,' JM" per week from October G to Octobcr 24. Mr. Weddo apnearcd lor plaintiff, and Mr. Anderson for defendant. The claim is an interesting one, inasmuch as it is based, on a law made in 1730, in tho reign of Georgo 11. Decision will bo given on December 1. fraud Alleged. • There was further hearing yesterday afternoon of the ease in which the Prouse Lumber, Ltd., sued C. G. Johann, contractor, of 300 Adelaide Eoad, to recover tho sum of JCGS os. Bd., as damages for alleged fraudulent • misrepresentation. Mr. T. Westcia appeared for the plaintiff company, and Mr. A. Dunn for defendant. Documentary evidence was submitted, and after hearing legal argument • tho magistrate intimated. that he would give a decision, on November 29. , CLAIM AND COUNTER-CLAIM. Minnie Feilding (Mr. P. Jackson) sued James M'Lauchlin (Mr. E. 'J. Fitzgibbon), labourer, Hugh Street, to recover the sum of .£l3,- alleged to bo due to plaintiff as.wages for. housekeeping. Defendant counter-claimed -£G 4s. as rent. . The magistrate gave judgment, for de ; fendant on tho claim, and for plaintiff . on the. counter-claim. „ . UNDEFENDED. CASES. ' ' Judgment ,by default, was given . for plaintiff, in the following undefended cases:—Harry\Baker v. Charlotte O'Brian, £2 75., costs 10s.; Michael M'.Grath v. Clarence Smith, .Co Ss. 3d., costs .CI 4s. Gil.; P. Haymaii and Co.. v.. Patrick W. Gnlvin,.Jßl3 12s. lid., costs £1 10s. (id.: Commercial Agency, Ltd., . assignee, and Sheffield, assignor, v. Robert Oppatt, .£0 16s. 5d., costs £1. ,4s. 6d.; Empire ■ Oil Co., Ltd., v. F. Robertson, .£lO 75.. costs i£2 os. fid;; Public Trustee v. Francis M'Parland, i'so, • costs <£3 Bs.; William Phillips and Son v. W. A. Sammons, JBIO. costs ,£1 3s. Gd.; Thomson and Co. v. G. A. Adams, <£4 17s. 6d._, costs 10s.: Edward Anderson and Co., Ltd.,' v. William ■ M'Beth Miller, ,£3 .175., costs 55.; Albert Edward Duncan v. Stephen Henry Bray, ■£1-1 Ss.,- costs <£1 13s. Gd.; Wellington Loan Co., Ltd., v. William. C. Aubrey, <825, costs £Z 175.; Thompson Bros., Ltd., v. J. W. :Thompson, .£1 2s. Gd., costs 55.; Commercial Agency, Ltd., y. William F. Hall, X'3l 7s. 10d., costs ,£2 145.; J. J. Curtis and Co., Ltd., v. Walters Peart Bastin, ~£3 7s. Gd., costs 10s.; Joseph Lee Ryan v. Frederick Bill, .£32 155., costs <£2. 145.; Bates and Lees v. . Edgar Ward, JE3 155., costs 10s.; Te Aro Loan, Discount, and Investment.Co. v. Sydenham James Flewelly*, JSI7 155., costs £1. JUDGMENT SUMMONSES. William N. Ward was ordered to pay .£3 Ss. Od. to the Te Aro House Drapery - Co., Ltd.. on or before December 8, in default three days' imprisonment. No orders were made in the following i judgment summons cases:—George R. Wilton v. John Norris Twist, a claim for <£3 14s: lid.; Wellington Gas Co., Ltd., •v. William Patrick Dowling, a claim for £» 194.- Od.- .1 POLICE CASES. (Before' Mr. W. G. Kiddell, S.M.) For procuring liquor during tho currency of a prohibition order, Thomas Turvey was fined 405., in default seven days' imprisonment. On a charge of drunkenness, the same accused was convicted and discharged. John Reed, for drunkenness, was fined' 205., in default seven days' imprisonment. One first-of-fending inebriate was fined 55., with the alternative of 24 hours' imprisonment. Maurice Michael pleaded not guilty to a charge of being an idle and disorderly person, and was remanded-until Monday next. Two juvenile offenders were before the magistrate for committing wilful damago by painting seats on the Parade at Island . Bay. The information against ono latl was dismissed,, while the other was ordered to make good tho damage done by payment of 20s.