MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1100, 12 April 1911, Page 4

MAGISTRATE'S COURT.

(Before Dr. A. M'Artlmr, S.M.) CIVIL BUSINESS. THE STORY OF A PORTRAIT. WHY IT WAS PAINTED. Some interesting features were contained in the case in which Joseph Ormrod, storekeeper, Berhampore, sued Peter Van der Volden, artist, Duppa Street, for tho delivery of a portrait of plaintiff's wife, which, it was alleged, defendant had contracted to execute for a sum of £10 ss. 3d. It was further alleged that the portrait had been completed by defendant Van der Velden and paid for by. jDlamtiffj but had not

been delivered by the artist. In tho alternative the plaintiff Ormrotl claimed £50 los. 3d., being the aforesaid sum of £10 los. 3d. plus £40 for damages for lion-delivory. A further sum of £9 14s. id. was claimed for goods sold and delivered. 311 , . AW L. Rotliciibcis appeared for plaintifl', and Mr. G. li. Fell for the defendant. Evidence called for the plaintiff Ormrod was to the effect that Van der Volden ran an account with him, and, wjien the amount owing totalled £10 15s. 3d., defendant, as a set-off, offered to paint the portrait in question. Plaintiff agreed to this, and the portrait was submitted to plaintiff and returned to Van der Veldeu in order that a slight alteration might be made. That was the last plaintiff had seen of it. Frequent applications had been made for it, but Van der Velden had repudiated tho contract, ami had stated that, if plaintiff wanted the portrait, ho could obtain it by paying £50. Mr. Fell asked for a nonsuit on the ground that the. contract was not in writing. Counsel also submitted other grounds for nonsuit, and, after Mr. I'othonborg had replied at length, the magistrate intimated that ho would give his decision on the nonsuit points raised on April 20. "HE LOOKED AFTER HIMSELF." "I have no hesitation in saying that I believe the story of the.defendant. It seems to me that plaintiff looked after himself very carefully indeed, and looked after Spencer too," remarked Dr. A. ■M'Artliur, S.M., yesterday in giving judgment in a case in which James Francis, plumber, of Owen Street, sued Christopher Jausen, plumber, Cambridge 'lerrace, to recover the sum of £24, alleged to be owing by defendant to plaintitf. Mr. V. B; Meredith appeared for plaintiff, and Mi , . , J. J. M'Grath for defendant. The plaintiff Francis stated in the course of evidence that he had been employed by Janseii for some 14 or 15 years. During Jansen's absence from tho Dominion he (plaintiff) had been granted power of attorney and had managed the business. (His wages were £3 os. per week, and ho had been promised los. per week extra during the period of defendant's absence, this bonus to bo paid on defendant's return. Ho had not received this remuneration, however, and .he now claimed the sum of- los. per week for 32 weeks. John Spencer, who had been in. Jansen's employment, also gave evidence for tho plaintiff. During tho cross-examination'of theso two witnesses it was"elicited'that Spencer and Frauds had' , now loft Jansen's employment, and were in business together. Spencer, it. was said, had intimated that he intended to leave hefore Jansen left the Dominion, and Francis had made. up his mind to leave three weeks after Jansen's departure. Jansen, in evidence, stated that he would have boon willing to pay the extra money to Francis had the business heen carried on to his (defendant's) satisfaction. Hp did not admit, however, that he had promised to pay on tho terms mentioned by Francis. The magistrate gave judgment for defendant with costs, and in addition to making the remarks mentioned above commented on the fact that Francis had made up his mind to leave while his employer was away. NONSUITED. Plaintiff was nonsuited "with costs in the casu of Goo. : Cha'rltoii, 'settler, Wellington, v. Karl Furhmami, ;i claim for £1 10s. alleged to bo owing to plaintiff by defendant for board and lodging and utensils destroyed. Mr. Wakdin appeared for as tho'latter was not present-the case could not be proved, and hence the nonsuit.

UNDEFENDED .CASES.

Judgment oy :defaiilt was'.given for plaintilfs in the following undefended cases:—W. L. Ludwig v. F. Hooker. £3 55., costs £1 65.; William Miles v. Sidney Huxley, £3 10s., costs 125.; Wellington City Council v. Stephen Edward Powrie, £2 45., costs 65.; Bates and Lees y. K. S. Litehficld, £2 10s., costs 10s.;' Eleanor Patcrson v. Walter Cook, £15 125., costs £1 12s. 6d.; Field, Luckio, and Toogood v. Harry- X Goring, £16 195.. 0d.,, costs £1 10s. Cd.; Elias Jos. Hyams v. Alexander'M'Don--aid, £11 10s. Bcl, costs £1 10s. 6d.; H. Oscar Howett and Co. v. Francis L. Trask, £6 195., costs £1 3s. 6d.; David A. Eborlet v. J. E. Dawson, trading as Tasma Plioto. Company, £1 10s., costs 55.; same v. Geo. Osborne, £1 Is. 3d., costs 55.; J. 13. Tickle and Son v. Edgar Ritson, costs £1 10s.; Fanny Pool v. Charles M'Masters, £20 6s Bd., costs £2 165.; Thomas. Sheilds "v. C. Lilley, £1 55., costs 55.; Tingcy and Co., Ltd., v. William Itohloff, £22 18s 6d., costs £2 145.; Dyalt Bros. v. C Rigg, £4, costs 10s

JUDGMENT SUMMONSES. J. T. E. Harrop was ordered to pay £2 to M. J. Bacovicli on or before May 1, in default three days' imprisonment. No orders were made in the following cases:—The C. and Ai Odlin Timber and Hardware Company, Ltd. v. Joseph Jomes Moore, a claim for £7 os. 4d.; 11. Hannah and Co., Ltd. v William Lavcry, £5 7s. 6d.

POLICE OASES. (Before Mr. W. G. Riddell, S.M.) William Haiumiugton, alias Hamming, pleaded not guilty to a chargo of being a rogue, and a vagabond in that ho was. found by night .without lawful excuso in an enclosed yard at 6 Hobsou Street. Accused, who had only come out. of gaol last-week, was uuabio to account for his presence on the premises, and was sentenced to ono month's imprisonment. '. Charles Couii, who pleaded guilty last week to stealing an oilskincoat, valued at 205., the property of H. P. Guffy, was brought forward for sentence. Chief Detective Broborg stated that the overcoat had been taken from tho Terminus Hotel, and sold for 3s. Thoro wero six previous convictions against accused for theft. A sentence of two months' imprisonment was imposed. Three young men, named Ernest I'iercy, Frank Daniel M'Carthy, and William Griffiths, wero charged with travelling on the steamer Aorangi between San Francisco and Wellington without paying their fares. All threo pleaded guilty. Each was fined £5, and ordered to pay the faro of £14 10s., in default one month's imprisonment. Charles Buchanan appeared on remand for sentence on a charge of attempted suicide. ■ Sub-Inspector Shechan informed the magistrate that Buchanan had been employed on the Terar whiti Station, but at the time of the offence, was in Wellington, on a drinking bout. Accused was convicted and ordered to come up for sentence when called on, a prohibition order to bo issued against him for one year.

'I.Vo first-offending inebriates were convicted and discharged.

A prohibition order was issued against Walter Hill to take effect for one year.