MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1143, 2 June 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, S.M.) A DEAL IN -HORSEFLESH. PLAINTIFFS CASE NOT PROVED. Reserved judgment , was delivered in the case in.which Charles Wadley, stevedore, of Eintoul .Street, claimed «£25 from Charles Reid, hairdresser, of Taranaki Street, alleged to be due on account of a bay horse sold and delivered by plaintiff to defendant in the month of October, 1910. J[r. J. J. M'Gruth appeared for plaintiif, and Mr. T. W. Hislop for defendant. In the course of his judgment, tlio magistrate said: "The\whole, question in this case is: ''Was the horse suld, or w?s it only on trial? , '. It is a fact: that the horse .was.with the defendant from October, l!lll), to February,' 11)11, when it had to be destroyed. This seems to be .1 long trial, but 1 have to remember that plaintiff had only a one-ftall stable, and a horse to put in it. On the other hand, defendant had some use out of the horse in question, and kept and looked after it. The plaintiff swears that he sold, the horse for ..£25, but (on certain allegations by the defendant) he agreed to take .£2O. The defendant , swears that he told the plaintiff that the horse would not suit the work required, whereupon plaintiff stated that he was anxious to sell the horse, and would lie prepared to take .£lB for it. The defendant is supported by his three sons, who worked his horse business, in his statement that the horse was unable to carry out their work, and that it had never been purchased'. There is a suggestion (but nothins nioip) that the horse find met with an accident. There is im evidence to suppnrt thi« suggestion. There are two experts called :'.nd, as usual with that class of witness, they differ. Plaintiff lias to nrove his case, which I consider, he has failed to do." _ . Judgment wa? accordingly entered for the defendant with solicitor's fee, £2 2s. CLAIM AND COUNTERCLAIM. G. H. Jackson and Co., oil and colour merchants, 2 Cuba Street, sued Henry . North, wire mattress manufacturer,. of Little Taranaki Street, to recover the , sum of £1 os., alleged to be duo as balanci.. or an account for painting and papering in connection with a residence at Norton Terrace, Kilbirnie. Defendant counter-claimed for. .£3O 10s., alleging that he had suffered damage to that extent in connection with tho . contract for painting and papering carried out by plaintiff. Mr. D. Jackson appeared for plaintiff and Mr. F. G. Bolton for defendant. After the evidence of one witness had been taken the case was adjourned until this morning... A QUESTION OF COMMISSION. Henry Hooper, commission agent, 'Wellington, sued Ann Thirkcll, married woman, Wellington to recover the sum of £11 17s. Gd., alleged to be duo by do- ' fendant to plaintiff as commission on the sale of a property in Oriental Day for the sum of J31i75. being 5 per cent on the first .£2OO, and 2J per cent on the balance. Mr. A. Gray appeared for plaintiff and Mr. E. J. Fitzgibbon for the defendant. For tho defence it was contended that the agreement between the parties for the sale of the property was not binding on account of certain misrepresentations alleged to have been made by plaintiff and which induced th<r buyer to enter into a contract which she was unable to carry out. After hearing evidence, tho magistrate intimated that he would give judgment on June 8. UNDEFENDED CASES. Judgment by default was given for plaintiff-; in the following undefended cases:—!.'. J. Shiel and Co. v. Alexander Campbell, .£ll. costs .-£1 10s. Gd.; Forde and Co. v. ,lnck (inlbraith. £1 fis., cost* Ss.; tame v. John Cook. £2 ,55., costs 10s • Thos. O'Brien v. T. H. Wilson, £\ fii' 6d., costs ss.i Herdman and Kirkealdie v. Henri Ackermann, £1H 25., costs El 10s.; Elias J. Hyams v. Roland Wihon, .£ls 18s. 2d., costs .£1 10s. Bd.; Gco Doughty and Co. y. S. Hosegood, .Sl2 l-'s' Gd., costs 155.; Wellington Piano Co v' A. B. Durnett, ,£G Us. id., costs .£1 3s' Gd* JUDGMENT SUMMONSES. Alexander Parker was ordered to pav JJIG 15s. 3d. to Baldwin nnd Rayward on or before June 15, in default 11 days' imprisonment. In tho case of A. R. Johns v. Joseph Roberts, a claim for .£ll Gs., defendant was ordered to pay the amount due on or before-June 1.5, in default 7 days' imprisonment. POLICE CASES, (Before Mr. W. G. Riddetl, S.M.) As a result of a disturbance that occurred at the New Zealander Hotel on ■Wednesday, afte.rn.oon, a nian t named

Joseph Shaw, alias M'Jlahon, was called on to answer tho following charges: (I) drunkenness; (2) breach of a prohibition order; -(3) assaulting Alfred .Mitchell; (4) assaulting Constable Ciregor while the latter was in thn execution of his duty; and (5) using improper language. It appeared from the evidence that accused had been drunk in the New Kealamler v Hotel on Wednesday, and, when asked to quit, had assaulted Alfred .Mitchell, a servant of the licensee. Constable Gregor was then called on (o arrest accused, and the latter had assaulted the constable. l'le;is of guilty were entered to all the charges. There were previous convictions against accused for assault and for tisins bad language. On the charge he wns sentenced to one month's imprisonment without the option of n line. I'Vir ass-.iultiiig the constable he was sentenced to II day*' impri.-omnent. Convictions, were recorded in the other rhrce case?, and fines and expenses imposed totalling .fcl B s -, the alternative being II days" imprisonment. \Villiain Smith, who boarded the Tiirakina at Hobart hsj week and travelled to Wellington without paying his fare, pleaded guilty to the charge yesterday, and was lined £li, in default one mojit.vs imprisonment. An order was made that the tin?, if recovered, he paid to tne New Zealand Shipping Company. Patrick Connolly and William Henry Cattcrmole , were remanded until .lime 7 on a charge of stealing 12 brass taps, valued at .£1 is., from the steamer iJrayton Orange.. The date mentioned in the charge was May 29. Kichard Karnkn, charged with drunkenness, was fined 10s., in default -IS hours' imprisonment. Two (irst-oli'end-ing inebriates were fined , r >s., with the ■ option of H hours' imprisonment. Another first offender was convicted and discharged.