MAGISTRATE'S COURT

Dominion, Volume 5, Issue 1258, 13 October 1911, Page 3

MAGISTRATE'S COURT

(Before Dr. M'Arthur, S.M.) • BROKER Ai'D CLIENT. TANGLE OVER MINING SHARES. KAPANGA SCRIP. Goldmining shares formed the basis of a case in which Fred C. Hjorring, sharebroker, of Wellington, sued J. Bridson, sharebroker, of Corotnandel, the object of tho action being to recover £i\ 13s. 4d. It was alleged that this amount was the loss incurred on shares by Hjorring whilo acting lor defendant Lridson. Mr. E. J. Fitzgibbon ap;v.i;vd for the plaintiff Hjorring, and Mr. j W. Jackson for tho defendant Bridson. Hjorring alleged that, during April 1911, acting under instructions from Bridson, ho had purchased 2000 shares in I in; Ka- ' panga Gold Mining Company, Ltd., at !'u. per share. But when the shares were tendered to Bridson the latter refused to accept'delivery, and declined to pay. Subsequently defendant Bridson had been called upon to pay the sum of 2d. per share, and, being unnblo to obtain payment, ho (Hjorring) had sold the shares at Oil. each—the price to which they had fallen. Previous to this, however, Hjorring, in order to seltlo the matter, had agreed to transfer tho shares to defendant at Bd. per share, but as Bridson had refused to pay tho call for 2d. per share, and had expressed a wish to have the matter treated as a new contract, negotiations had fallen through. Bridson's evidence, which was taken at Coromandcl, was to the ctl'ect that, durin" the month of April last, ho telegraphed to Hjorring to purchase 2000 Kapan"a shares at a maximum price of '.Id. Hjorring then replied that shares we're selling at lUd., and, subsequently, Bridson saw an announcement in an •Auckland paper intimating that sales had

taken placo at 7d. Ho again wired Iljorring urging him'to act on previous instructions. Hjorring had replied Hint ho hart bought at ild), and had forwarded a draft for tho amount of purchasemoney. Uridson had refused to honour the draft, because (from something which ho had sinco noticed) he considered that ho had been overcharged, as Kapangn shares were selling in Coromnudel at 7d. ] Further correspondence took placo between the parties, but no settlement was arrived at. .Mr. Jackson applied for a non-suit, on t the grounds that tho provisions of Sec- i lion 133 of the Stamp Duty Act had not been complied with, and, further, Hjor- I ring had neglected to stamp the contract I note, and to forward it to defendant with- ; ing twenty-four hours, as required bv the r Act. Air. Fitzgibbon, in reply, stated that ' thero was no evidence before the Court j setting forth that Kaponga's were selling ■ in Coromandel at 7(1. A notice appearing ; in a newspaper was not proof that sales ' were taking place at that price. On the non-suit point, counsel contended that, as j Hjorring was acting for Bridson, the lat- ' tor could not rely for n defence on a technical mistake made by the former. • Judgment was reserved until October 19. BACKWASH. (Before Mr. W. G. Riddell, S.M.) John nail Flockton, dealer, claimed .£ls as damages for depreciation in value of a piatio, from Walter Smart, pawnbroker. Mr. D. G. Jackson appeared for plaintiff, and Mr. A. Dunn for defendant. In tho statement of claim it -was alleged that, on or about December 2, 1909, plaintiff had. purchased a new Spenser piano, for cash, from E. J. Falkiner, and, to suit the: convenience of plaintiff, the instrument had been left at the business • premises of E. J. Falkiner. 1 On January 12, 1910, it was al'egcd 1 that Falkiner had wrongfully, and with- \ out plaintiff's authority, pledged the piano to the defendant for the purpose ' of securing the sum of £20. On June 2, ' 1910, Falkiner gave a written order on ' defendant to deliver the piano to plain- '• tiff, but, upon being served, the defend- 1 ant refused to make delivery. ' It was further contended that, on February 17, 1911, an agreement had been ' arrived at by which defendant had agreed to return the instrument to ! plaintiff, provided that the latter paid the sum of .£2O previously advanced by defendant, and also the sum of M Is., ' which sum was to have covered the costs entailed by defendant in negotiations between the parties concerned. On June 27, however, the defendant delivered tho piano to plaintiff, who had conformed to the agreement, but it was alleged that the instrument had deteriorated i:i value, . owing, it was said, to defendant per- . milling it to be used and otherwise ( damaged, thus rendering it, unsuitable as a new piano. : Mr. Dunn, for the defence, contended ; that Falkiner, being a mercantile agent, ' the pledge made with defendant was ' valid, and that the point in the dispute. : was a question of law. An offer by de- ( fendant had been made to return the piano, but, said counsel, it was not admitted that defendant was bound to do , so. If any damage was sustained, de- | t'endaut was not liable.' ( Judgment was reserved. CLAIM RESISTED. Louisa Harris and William Harris proceeded against Philip H. Putnam, claiming .211 lis. alleged to have been paid to defendant by plaintiff on account of a j purchaser. ' . Withcit calling on the defendant Dr. M'Arthur gave judgment for him with costs. CLAIM FOB POSSESSION. F. Brattle proceeded against W. IT. Brewer for possession of a house in Rata Road, Hataitai. Dcfe-ndaut was ordered to give no possession on or l>eforo October 26. Mr. C. K.'Dix appeared for plaintiff. . UNDEFENDED. Judgment by dcf.uilt was given, for' plaintiffs in the following undefended -Cases.—lvnpiro Loan and Discount Compmv, Ltd.. v. Gusbvius S. Davics, .£lO, costs Bs.; i.L Kalin v. M. K. M'Carthy, •ifiiJ. 3s. lid.,' Costs 10s. ;' same v. Edwafd M'Carthv, lCs., costs 55.; F. W. Fctherick v. H. M". Stowell, .£7 os. -Id., costs .£1 as. Gd.; Coofo oud Sandsteiu v. Kiita Love, JC2 12s. Gd.. costs ]55.; 11. Heimann v. A. Murray, M 75.,' co?te 55.; Downs Bros. v. Geo. Osborne, »£1 os. 10d., costs 55.; "New Zealand Times" Company, Ltd., v. Harold G.' Meston, Ss., costs Gs.; Jos. Nathan and Co., Ltd., v. Win. Woolven, ,£ll Gs., costs =£2 Gs. Gd.; John Jes. M'Grath v. Jesse Jackson, XI 175., costs .CI Gs. Gd.; Empire Loan Company v. Madge Nicholl, £\ 10s., cost.s Bs.; same v. H. 31. Stephens, .£G, costs lis.. JUDGMENT SUMMONSES. Tarau T'tikii Marumaru was ordered to pay the New Zealand Acetyle.no Gas Company ,£5 13s. on or before October 2G, or undergo seven days' detention. In the case of F. .1. Shelton v. Marumaru, a claim for .£'ll Os. Gd., defendant was orders! to pay the amount ott or before November 2. in default one month's imprisonment. NO ORDERS. No order was made in the following cases:—R-' A. Cameron v. Malhow J. Whalen, a claim for Xl 5 Is. Gd.; Thos. Inglis v. J. R. Blackwell, «£6S Gs. Gd.; R. Kilpatrick t. T. Jones, Ml G=. lid. POLICE CASES. (Before Mr. W. G. Riddcll, S.M.) John Laurcnson, for drunkenness, was I fined 405., in default seven days' inipri- ! sonment. He was also made the' subject ' of a prohibition order. Walter Harris appeared to answer a ' certain churge. He was remanded until jctobor 16. OFF TO STRATFORD. c On being charged witli being an idle > and disorderly person, a young man nam- : ed Michael M'Gral'h pleaded guilty. > Chief Detective Broberg stated that accused had a long list of previous convic- . tkns against him. » Accused's solicitor (Mr. Horsley) told the Court that M'Grath had received an t appointment to work at Stratford, and f had intended going there this morning. 1 His Worship remanded accused for sen- . tenco until to-day. r ASSAULTED THE CELLS. 5 Mary Collins pleaded guilty to being an idle and disorderly person, and also to having damaged cell property to tho . value of Gs. 9d. She was convicted and ordered to come up for sentenco if called 3 upon, and sent to tho Salvation Army Homo for six months. BANGLE. AND OTHER GOLD. Stanley William Wesley was charged that on August'3l ho did steal a gold bojigle and • gold : medal and pendant, valued at £b, the property of Joseph Gardner. Accused pleaded guilty, and was remanded until to-day for sentence. FIVE £5 NOTES. Delia Pine, alias Booth, was charged that on October 9,-at Wellington, she did f steal five £5 notes, • the property of :- Charles Cass. i, Sub-Inspector Sheehan asked for a ref maud until Ootobsr 18, and this applicat fcioii was acceded to by his Worship, who e fixed bail in one surety of ,£3O.