MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1225, 6 September 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. M'Arthur, S.M.) OLD EXCAVATIONS. Dr. M'Arlhur, S.M., pave judgment in the cnse of Arthur Batchelor, bootmaker, t. Edward Perry, bootmaker. The claim was for ,£7 Os. Bd., as damages in connection with a subsidence of land caused, it was alleged, by excavations made by the defendant iu 1897. The properties concerned were numbers 18 and 20 Wallace Street. The defence was that the excavation was done with Batchelor's consent and that the slip was probably duo to Batchelor's excavation lor drainage. Judgment was given for tho plaintiff with costs. PURCHASE TRANSACTION. ■ In a case in which Ann Thirketl, of Oriental Bay, Wellington, proceeded against Elizabeth Curtis, of 30 Pirio 'Street, Wellington, the plaintiff set out in her statement of claim that on or about March 28, 1911, she and the defendant, entered into an agreement for the sale and purchase of a dwellinghouse, tho property of the defendant situate at Oriental Bay; that on or about April 10 the defendant repudiated the agreement and wrongfully refused to complete it wherpfor the plaintiff claimed jESO as general damages. The plaintiff also stated that, on June 8, ,£4' i Os. Gd. had been recovered from the plaintiff by Harry Cooper, a commission agent, iii respect of the sale to the defendant. Mr. Fitzgibbon represented tho plaintiff and Mr. von Ilaast tho defendant Evidence was giwn by tho plaintiff and the case was adjourned till to-morrow. DEBT CASES. In the following cases judgment was given for the- plaintiffs by default-.—Whit-combo and Tombs v. J. Lawson, £2 12s 6d., and costs 165.; C. and A. Odlin Timbar and Hard ware Co.. Ltd., v: Alfred t'ercy Westbury, <£25 16s. 6d., and £3 25.; Loasby and Isaac v. William Parks, 12s. Cd. α-id 75.; E. Eawson v. George Haiiies. .£9 4s. Cd. and <S1 3s. 6d.; William Campbell v. James Eapley, £2 6s. and 125.; Sicvers Bros. v. J. F. O'Hagan, .21 -Is. 10d., and 125.; the Commissioner of Taxes v. Thomas E. Cahill, ,£ls Gs and las.; The Stewart Timber, Glass and Hardware Co., Ltd., v. ficorge De Momser, .£5 6s. 2d. and 135.; Hooper and Harrison v. Walter Read. .£ll ss. , r id. and £\ 13s. Cd.; and I?. G. Dun and Co. v. William A. Sammons, ,fl 19s. Sd., and ss. CONTRACTOR'S CLAIM. (Before Mr. W. G. liiddell, S.M.) The hearing of the rase in which Richard Whito, contractor, Kilbirnic, sued Leslie Urban Chaffuy, clerk, Wellington for £2R 10s. Id., for work .-.nil services in concreting, turfing,' and draining, was continued. There was a counter-claim by the defendant for ,C 25 as damages for assault. 3fr. M'G'rith appeared for tho plaintiff, and Mr. Young for the defendant. Judgment was given for Hie plaintiff for -,£2fl 10-i. id., with costs ,£i 13s. Id. On the- counter-claim defendant got judgment for £2, with cosls. SUIT OF CLOTHES. D. Milligan and Co.. tailors, Wellington, sued A. 0. Johnston, law clerk, Auckland, for J:C> 65., the price of a suit of clothes. Mr. 'Holmdeu appeared for the plaintiff and Mr. Neilson for tho defendant. Judgment was for plaintiff for tho amount claimed, with costs. POLICE CASES. A SERIES OF THEFTS. William Maurice Laurence was charged with stealing one pair of boots, valued at 225. Oil., the property of Bernard Erickson, on August 23; on August 21, one pair of shoes, valued at 205,, the property of

li. Krk'k'oii; on August 22, cm? p\ir of slices, valued at 2(1.., the pnpprtv of U. .Kriclismi; on AngiM 2-1, two pairs of boot*, v-ilued at .ti -Is., tin- properly of I). Krifki.iii; on Angii-1 '2~>. Iwo |;:iirs of bouts, valued at .W !-.. the properly of li. I-)rick>.;n; mid <m -. n'li' pair of bints valued at Ilk (itl., the pru-p.-i-ty of Ib.-iii'l fnrr-:i!iii;). Lawrence pleaded Riiiity. Chirf-IMcctive ISrokv; Miid that tinarrest bail lucn made on Mnuikiy. lie required time to mnkp furtlier imiuirii" 1 . The nccuspil wns ncccrdiufMy remanded till to-day for MMitcnee. FLOTSAM. Taf rick Joseph AYhelau was fiurcl .' for iuebriatiin. For creating a disturbance on Lambkin Quay on Monday nfchfc termed hi flip cliai'W "llireateniiic behaviour") Edward Smith was fined 4;.'.