MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1040, 1 February 1911, Page 3

MAGISTRATE'S COURT.

A MATTER OF A FEW FORKS. INFORMATION , DISMISSED. (Baforo Mr. AV. G. Eiddell, S.JI.) Thomas Wilson piraded not guilty to a charge that d;i January 2G at Wellington while a steward on the Atlienic he wilfully damaged certain stores of the ship by castiii l * them overboard. Air. V- H- D. Bell appeared for the Shaw, Savill aud Albion Company, owners o£ the vessel, and .Mr. H. F. 'O'Lcary appeared for the accused. Evidence for the prosecution was to the efl'ect that AVilson had signed on as a steward in the third class for the voyage out. It was part of r hc contract that losses and damage among the creekery and cutlery' should be made up by deductions from the stewards' wages. On Thursday last while the Athenic was in I>ort accused had occasion to attend to some dozen third-class 1 r.Esciigers at lunch, and after tho iheal he was seen to pick up a "handful" .sf'icrks Mid throw them out of the porthole. When taken before the chief steward, accused admitted throwing three torks away, but staled that he discovered them on tho table bent double and threw them away s> that lie would not be blamed. Ho repeated this explanation in the witnessbox. ' The magistrate said he was prepared to accept the explanation. The circumstances were perhaps suspicious, but as none of tho witnesses tor the prosecution were able to swear that the forks were not damaged when thrown away, he was not. prepared to convict accused of wilful damage, though an error of judgment may have been.committed. The information would be dismissed.

ALLEGED EALSE PRETENCES. Francis Hurman Williams, for whom Mr. A. Uiiiiii appeared, was charged with obtaining , .£5 from Chas. Henry Fox on January 25 at Christehurch by means of a valueless cheque with intent tq defraud. Chief Detective Broberg stated* that accused had been arrested on Monday night by Detectives Kemp and Hammond on a warrant issued in Christchurch, and it would bo necessary, to ask for a remand to Christehurch. Accused, who was a showman, had not been before the Court before,, and there was no objection to bail. The magistrate accordingly remanded Williams to appear at Cliristchnvch this morning, bail being allowed in £2i and one surety of J225. INSOBHIETY. Archibald ij'Lean,-charged with drunkenness, was fined 205., 'in default seven days' imprisonment. One first olTending inebriate was lined 55., with the alternative of 24 hours' imprisonment. CIVIL BUSINESS. GEAZING FEES CLAIMED. Edward Phillip Levien, flax-merchant of Oroua Bridge, sued Charles Bell, settler, of Otaki, to recover the sum of .£3l 17s. as fees alleged to be due to plaintiff for tho grazing of several of tho defendant's horses upon the property of the plaintiff at Oroua Bridge, near Foxton. Mr. Ward appeared'for the plaintiff, and Mr. F.,H. D. Bell for tho defendant. After plaintiff had given evidence, the case was adjourned until February 14, to enable another witness to bo called, plaintiff to pay costs of tho adjournment, amounting to .C 2 135. ,

(Before Dr. A. M'Artbur, S.M.) THE WEIGHT OF COAL. Reserved decision was delivered in the caE-a in which S. Brown, Ltd.- (Mr. A. L. Herdinan), sued the Tyncside Proprietary Coal llinius Company, Ltd. (Jlr. U. Jlyers), to recover the sum of .£57 18s. 3d., alleged to be due to plaintiffs by defendants as balance of an account for purchase of coal. Tho whole matter was a'dispiito in tho weight. Plaintiffs contended that they sold on a basis of fivo kasUets to the ton, and that this basis .corresponded with the amount .supplied to their steamer by the coal company. Tho defendants contended, that they bought according to weight,' and that by .Lhcir-weighing six baskets went to the ton. The coal''was a Stockton.shipment, purchased in, December, 1909, and tho dispute as to weight arose shortly afterwards. On January 27, defendants paid plaintiffs a. cheque,•which included tho amount for this coal as made out by defendants. A receipt was' given' to the defendants, who claimed this as a receipt in full, whereas tho plaintiffs held it to bo a receipt on account. ' After reviewing the evidence and quoting several authorities, the magistrate said: "I think, for the following reasons . , . tho Dlaintiffs cannot succeed: There was a weighing, though not a mutual one, in which the average amounted to six baskets to tho ton. In my opinion tho cheque was sent in settlement of the disputo, 'and was received with a full knowledge of the facts or with tho means of knowing the facts, and I consider that the plaintiffs ore estopped by their receipt of tho cheque and their conduct in. delaying from January to June. Judgment for the defendants with tho usual costs."

NOT ENTITLED TO COMMISSION. Rese.rved decision was given in tho caso in which Walter Axel Evenson and Charles Jackson, trading as the "Wellington Business Exchange," hotel brokers, sued William J. Williams, settler, of Karaka Bay, to recover tho sum of .£75, alleged to bo due to plaintiffs for work, journeys, and attendances of tho plaintiffs, performed for tho defendant at his request, in tho negotiation and sale of tho lease and goodwilLof the Empire Hotel, Fcilding, owned by tho defendant. Mr. A. Gray appeared for tho plaintiffs, and Mr. T. Young for the defendants. After reviewing , the evidence iu detail and quoting numerous authorities, tho magistrate held that tho plaintiffs had not executed their part of tho contract entitling them to commission. Judgment was accordingly given for defendant, with tho usual costs. PROCURATION FEE SUED FOR, John Bateman Harcourt and Charles James Stanlou Harcourt, agents, of Wellington, sued E. M. Dunlop, of Auckland, wifo of James Charles Dunlop, and James Charles Dunlop, trading as Dunlop and Co., agents, of Auckland, to recover the sum of £SD 55., alleged to be due to plaintiffs by defendants as procuration fee at 1 per cent, on a loan of X 7500, and valuation fes of 5 guineas. In the alternative tho plaintiffs claimed £S0 ss. as damages for alleged breach of warranty. Mr. J. C. Peacock appeared for plaintiffs and Mr. A. Blair for tho defendants. Evidence for the defence . had been taken in Auckland, and yesterday lengthy evidence was given for plaintiffs. The magistrate intimated that he would givo a decision on February 7. WAS IT WRONGFUL DISMISSAL? Albert Price, portmanteau-maker, of Wellington, sued Thomas Garland, tinplalo worker and japanucr, of Taranaki i'lace, Wellington, to recover tho sum of JII4S 19s. 3d. as damages for alleged wrongful dismissal. Mr. D. M. Findlay appeared for the plaintiff and Mr. A. Gray for defendant. Plaintiff ali'Sged that while in Birmingham, England, he was engaged on August 21, lflOS, to come to Wellington, New Zealand; to work for Hireo years at .£2 Us. per week for defendant, the employment to be subject to good conduct and behaviour. Plaintiff's passage money {.CIO 7s. 9d.) was prepaid by defendant and repaid in full by plaintiff by instalments cf 8». per week. On November 22, 1910, plaintiff's engagement was terminated by defendant, and as plaintiff alleged he had performed his part of the agreement between tho parties, he now claimed .C 129 12s. general damages and ,£l9 7s. 9d. as special damages. After several witnesses for tho plaintiff had been called yesterday, tho caso was adjourned until Tuesday next at 11 a..m. UNDEFENDED CASES. Judgment by default was given for plaintiffs in Hid following undefended cases:—Wellington Traders' Agency as assignees of Kcmpthorno, Prosscr, and Company's New Zealand Drug Co., ltd., r. Patrick Galvin, 195., costs 55.; Herbert Price v. Frank Lind, £1 Ms. Gd., cosls 55.; John Morris v, Wm. Henry Morris.

.C 5, costs .£1 Os. (i<l. j Henry Savage v. \V. Trothownn, 155., casts Vs.; Public Trustee as executor of the will of Charles ■Bmdshaw, deceased, v. Bepin.a Kai'.i Hori, ,C! 5 10?.. costs il 15s. (id.; Kna Guiubullv. Henry Kicholas Martin, .C.'iO, costs, £2 Us. JUDGMENT SUMMONSES. Ernest Edward Edmunds was ordered to pa;.- .to Ms. to W. C. li. Gardiiu-i on or before- I'ebriiary 14, in default seven days' imprisonment. Koginald AVcsion was ordered to pay £V 2 4=. lid. to Annie Puiflctt on or before Icbruary 14, in default 14 dnvs' imprisonment. In tho caw of Lionel Caselbsrg v. Charles Savage, a claim for £V 1 13s. Gil., defendant was orriersd to pay the amount on or before February 14, 'in default. 14 days'-, imprisonment.