MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1082, 22 March 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, 5.11.) CIVIL BUSINESS. THE DAY'S BAY CASE. Judgment . was delivered yesterday morning •in the case in which Hugh Downes, settler, of Day's Bay, sued the Wellington Steam Terry Company, Limited, Wellington, to recover the sum of £40 os., alleged to be due by defendants to the plaintiff, and made up as follows: Hire of one of plaintiff's horses from June U, 1909, to December 24, 1910, at ss. per week, ,£l9 17s. Cd.; hire of another of plaintiff's horses from December 14, 1909, to December 17, 1910, at s=. per week, .£l3 2s. Gd:; value of plaintiff's harness rendered useless in defendant's service, £1 ss. Mr T.. M. Wilford appeared for plaintiff, and .Mr. V. R. Meredith for defendant. ■ . ■ ■ . After.a lengthy review of the law on the subject,. the magistrate gave judgment for defendants, with tho usual costs. ; DAMAGES CLAIMED. Reserved decision was given in tho case in which Frank Thomas claimed .CIO 18s. Gd. from Robert Beilzie, as damages for injuries to plaintiff's motor cycle alleged to have been caused by'defendant's negligence. ■ ■ Mr. D. Jackson appeared for plaintiff, and Mr. T. M. Wilford for defendant. At the hearing Mr. Wilford contended that plaintiff should be nonsuited, as he had" admitted contributory negligence in leaving his machine unattended for so long. . • ■ In giving judgment the magistrate took this view and nonsuited plaintiff. .

; CLAIM FOR RENT. Peter Hatton Miller, of Wellington, sued Arthur Ernest Ferguson, commercial traveller, of Ohariu, to recover the sum of £1 3s. 6d. alleged to be. due to plaintiff by defendant for rent, costs and damages in connection with a. house at Ngaio. Mr. A. R. Atkinson appeared for plaintiff and Mr. A. H. Hindmarsh for defendant, who consented to judgment for £2 25. , rent, but disputed the balance of the claim. After hearing evidence, the magistrate gavo judgment for plaintiff for £i 11s. 6d., and costs £2 ss. UNDEFENDED CASES. . Judgment by default was given, for plaintiffs in the following undefended cases:—W. G. Wholesale Manufacturing Company, Ltd., v. Rangi Hukike, £i 2s. 6d., costs £1 25.; A. Wilson Hogg r. Kenny Ferris, costs 125.; Wellington Timber Company, Ltd., v. W. 11. Jackson, jim., .£29 Cs. 3d., costs JE2 145.; E. Reynolds and Co., Ltd., v. E. A. Barlow, .£2O 7s. Gd.; costs £2 Ms.; same v. Ernest John M'lnroe and E. Barlow and Co., ,£lB 45., costs £1 13s. Gd.; M. J. Bacovich v. J. T. E. Harrop, ,£1 10s., costs ss. JUDGMENT SUMMONSES., Charles C. Green was ordered to pay M 9s. 6d. to William Jolliffe on "or before April ,14, in default seven days' imprisonment. No, orrieTs were made in tho following cases:—John Norton v. Robert Edward Howell, a claim for ,£B. Os. 6d.; Arthur Daniel Kennedy and Harry Walter Williams v. Patrick Lundon, a claim for .£2 4s. 6d. ' ;■ POLICE CASES. (Before Mr. W. G.Riddell, S.M.) David Irwin was charged: (1) With stealing 25 yards of tweed, valued at ~£6 25., Gd., tho property of Francis Kitto; (2) with breaking and entering the shop of Kitto and Graham on or about February -4, ami.stealing therefrom two Tolls of tweed, valued at .£lB 155., the property of Kitto and Graham. On the application of Chief-Detective Broberg, the first charge was withdrawn, and accused was remanded until this morning on the second charge. For using, threatening behaviour in Pipitea Street on Monday, William Wilson and Albert George were , fined 40s. each, in default seven days' imprisonment. One first-offending inebriate was con-' victed and discharged.