MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1248, 4 October 1911, Page 3

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Dr. M'Arthur, S.M.) CALL ON SHARES. AND SOME COGNATE HATTERS. In the casn the Horowbenua Farmers' Meat Co., Ltd.,- and James Macintosh, the liquidator of the company, v. George Walton Dickinson, was delivered by Dr. M'Arthur yesterday morning. This was a case in which plaintiffs claimed to recover ,£2OO as calls on shares. The call had been made on April 11, 1911, and tho amount was payable on April 27. Interest at the rate of 6 per cent, was also claimed, as from April 27, 1911, till date of judgment on payment. As a further cause of action, plaintiffs alleged that defendant had trespassed on tho premises of the company (185 Cuba Street, Wellington) from the date of the liquidation of the company (May 12), and had refused to deliver them up to the liquidator until ordered to do so by the Supremo Court. The liquidator accordingly claimed the sum of .£3O as damages. A counterclaim for VEGI Hs. was admitted, said his Worship, and also a payment of I£Bo made by defendant on September 20, 1911. The sum set out in the statement of claim for .£2OO for call:) rn<! interest amounted, in its totality, to ,£2fl.i. leaving a balance in favour of plaiijtilV of .£O2 15s. Gd. Tlis Worship added: "I cannot find anything to support the claim of the plaintiffs and liquidator, for ilnma"cs." judgment was given for plaintiffs for .£O2 15s. Gd., without costs, and leavo to appeal was granted. Mr. C. B. Morison appeared for plaintill's, and Mr. E. U. Jellicoe for defendant. . RENT CLAIM FAILS. Tlios. Beaumont Dvvan and I.amantine Dwau, trading as Dwan Bros., proceeded against Thos. AV. Maculey, painter, of i Wellington, to obtain tie sua of

being rent alleged to bo due on October IG, 1905, in respect to the occupation of a house in Adelaide Road. Mr. C. R. Dix, wlio appeared for the defendant, stated that tho claim was affected by Statute of Limitations. Mr. E. J. Fitzgibbon, for the plaintiffs, stated that the notice under this head had not been put ii\ in time. Ilia Worship (Dr. M'Artliur) agreed, and the caso was then heard on its merits. It was confended for the defence that Dwan Bros, had made no demand for tho rent. Certain rent had accrued, but was not owing because of tho fact that there had been certain contracts for work between plaintiff and defendants, and these affected the claim. Judgment was givdn for defendant without costs. FEES RECOVERED. (Before Mr. W. G. Kiddell, S.M.) Judgment for plaintiff, with leave to appeal, was givan in t.ho case in which Richard S. Rounthwaite, civil engineer, of Wellington, sued James Hutchen. , Plaintiff's claim was for ,£2l lis. 5d., for.services reudered between May 17, 1907, and July 5, 1907. Mr. E. C. Levvey appeared for plaintiff, and Mr. A. S. Menteath for defendant. DEBT CASES. In the following cases judgment, was given for plaintiff by default:—A. E Mann v. John Driscoll, 10s. (k!., cost l ; Cs.; Tho Stewart Timber, Glass, and Hardware Co., Ltd., v. James Brimer, .£5 [Is., costs Bs.; S. Scott v. A. 11. Cooper, Bs., costs .£1 3s. Gd.; J. Heardt and Co. v. Chas. 11. Boylo, i£2G 2s. lid., costs i:2 lis.; Jas. A. Dohcrty v. E. E. Nicholas, £\i 17s Gd„ costs 10s. JUDGMENT SUMMONSES. No order was made in tho following cases:—Southern Sale?, Ltd., v. Alex. Frank Davies. a claim for'.£ll is. Gd.; Augustus S. Biss, as administrator in the estate of Chas. Ily. Williams, v. Robt. Geo. Lcstcff, J>l3 12s. 3d. POLICE COURT. (Boforo Mr. W. G. Riddell, S.M.) THE CHINESE SAILOR. A Chinese, named Ah Wong, employed as a seaman on the German tramp steamer Wallrure, was charged that, on October 2, whilst the vessel was between Auckland and Wellington, he ass-Hilled Wong Bon, so as to cause him actual bodily harm. On the application of Pub-Inspector Shechau, accused was remanded until October 11. Bail was allowed in the sum of =CSO. UGO LUPI'S OFFENCE. Ugo Lupi, an articled seaman on the ship Australia, now at Wellin.-,ion, was convicted of desertion, and was sentenced to seven days' imprisonment. It was also ordered that if the vessel leaves port before tho end of the term of imprisonment, Lupi is to be placed on board. YOUNG MAN IN TROUBLE. A young man pleaded guilty to obtaining 30s. by means of fnlsp nretenco. TTo was convicted,_ and ordered to coma up for sentence if called upon, and was also ordered to refund tiio amount ol> tained. OTHER CASES. Mary M'Kegncy was remanded until today on a charge of being an idle and disorderly .person, with insufficient means of support. John Harris and Harry Green were fined 20s. and 10s. respectively for insobriety.