LAW REPORTS,

Dominion, Volume 5, Issue 1259, 14 October 1911, Page 7

LAW REPORTS,

SUPREME COURT. DAIRY APPEAL SUSTAINED. CASE SENT TO MAGISTRATE' TO ASSESS DAMAGES, In tho Supreme Court yesterday, tho Chief Justice (Sir Robert Stout) delivered reserved judgment in tho case of the Hawkes Bay Daily Company, Ltd., v. H. A. Eosenfeldt. This was an appeal from the decision of Mr. L. 0. Ktfid, S.M., delivered at Woodvillo on November 21, 1910, in an action for damages for alleged breach of contract. It appeared' that, in July,. 1906, tho Hawke s Bay Dairy Company, Ltd., purchased a creamery on tho Masterton Road, and also took over an agreement under which H. A. Rosenfeldt was to supply the creamery with all tho milk from 20 cows, other than tho quantity required for domestic purposes. In August, 1909, plaintiffs alleged that Rosenfeldt made default in tho supply, and, hence, they sued him to recover the sum of £20 as damages. When the case was heard Koseufeldt's counsel raised several non-suit points and succeeded on one'of these, viz,, that the contract was void, because Clause S was too remoto end contrary to the law of perpetuities. In non-suiting plaintiffs, with costs, the magistrate expressed regret that ho had to give such a decision, and that he was not;at liberty'to decide the case on the equity' and good conscience rule. From thi:> decision the Hawke's Bay Dairy Company, Ltd., appealed on the ground that it, was erroneous in law. At the hearing Mr. F. G. Dalzicll appeared for the appellants (the Hawkes Bay, Dairy Company, Ltd.), and Mr. A. W. Blair foT the respondent (H. A. Rosenfeldt). After reviewing the case and quoting authorities, his Honour stated that he .could not see how the clauso in the contract was too remote, and not valid. The appeal would, therefore, be allowed, with £6 6s. costs, and the case would bo remitted to the magistrate to award such damages as he may think that the appellants are entitled to.

THE COURT OF APPEAL.

''' MINING CASE. > Yesterday the Court of Appeal was occupied with the' further hearing of tho case of the Tairua Golden Hills, Ltd., v. M'Kane and others. The Chief Justice (Sir/Robert Stout) presided, and, sitting with him, were Sir Joshua Williams, Mr'. Justice Denniston, and Mr. Justice Chapman. This w-as an appeal from a decision of Mr. : Justice Edwards, delivered at Auckland, disallowing an appeal from tho Warden's Court at Thames. Tho parties to the actiou were the Tairua Golden Hills, Ltd., mine owners, of Aucklnnd and Tairua, appellants, and David M'Kane, Charles Lockyer, Richard Lockyer, Jeremiah O'Sullivan, William Kinsolla, and Charles Jochin, miners, of Thames and AVaihi, respondents. , Mr. J. R. Reed, of Auckland, appeared for the appellants, and Mr. T. Cotter, of Auckland, with him Mr. D. J. Clendon, of Thames, for the respondents. Details of tho original action were reported . in, yesterday's issue. Argument aid not. conclude until nearly i p.m., when the Court reserved decision, and adjourned until Monday.

MAGISTRATE'S COURT

(Before Mr,W. G. Riddell, S.M.) CITY'S LITIGATION, WILLIS ST. SHOOTINS SALO9N. LICENSE AND BUILDING. A'case relating to licenses by the City Corporation .in respect to rifle saloons waS'/beard yes-terday-morning.' ■ ; ' ' ---'•■•■-.-■ James Doyle,,, inspector for tho corporation, proceeded against John Driscoli lor using a building in, Willis Street as a shooting .gallery without having obtained a-license. Mr. J. O'Shea appea'red.ifor the City Council, and Mr. T. W. Hisldp.fqr tho defendant. In stating tho ease for tho corporation, Mr. O'Shea montioncd that, in June last, a license had been issued to Riley and Matson, in connection with this building. Owing to a clerical error, the license purported to cover a period of fifteen months. As a; matter of iact, this license should have?-been for three months only, auti should have expired on September 8. The city .by-laws debarred tho issue of licenses for,, longer periods than three months. The fee paid in respect to this license ■was 15s; 9d., and the tact was patent that this was the charge lor' a three months' license only. It followed, therefore, that the/ defendant had no license. Besides this, tho building in which the shooting gallery was located had been condemned. Mr. Hislop contended that tho license issued to Riley and Matsoii was for the building—not. a personal one—and was also transferable up to the time at which the clerical error had been discovered. It was therefore a valid license. His Worship dismissed the information, but' granted security for appeal at £W 10a. ■ • FAMILY QUARREL. Lottie Caisley proceeded against her sister, Millie Connor, and charged her with assault, alleged to havo been committed on October 3. Mr. V. R. Meredith appeared for complainant, Lottie Caisley, and Mr. C. 'It. Dix for tho defendant, Millio Connor. At tor hearing evidence by several women witnesses, his Worship held..that an assault had been committed, but it was of such a naturo that he would not enter a conviction, and, consequently, the information was dismissed. PINED FOR THEFT. Stanley William Wesley, who was remanded for sentence from the previous day-for having stolen a gold bangle, gold medal, and pendant, valued at £5, was further charged with having stolen a parcel of washing, valued at 555., the property of Frank Outred. Accused pleaded guilty. On the first charge ho was fined 405., in default fourteen days' imprisonment, and, for the second oifenoe he was fined 205.,' in default fourteen days,' detention. Mr. E. K. Kirkcaldio appeared for accused. , SCHOOL ABSENTEES. Penalties ranging from 2s. to 55., with costs amounting to 7s. in each case, wero imposed on tho following for failing to send their children to school.—Chas. Avery, James Burns, Wm. Shakleton, and •Tohn Thomas. .... ARREARS REMITTED. Ellen Lucy Jennings made an application for tho remission of arrears iu respect to a maintenance order regarding her' children. This was granted. BY-LAW CASES. Donald Larnick was fined 10s., with costs 75., for driving a cart round a oorr.er at other thau a walking pace. For a similar offence in regard to a taxi-cab, Henry Scott was mulcted in a penalty of 205., with costs 75., in default 48 hours' imprisonment. ' : POLICE CASES. One first offender for drunkenness was convicted and discharged, and for a similar 'offenx another who failed to appear forfeited tho amount of his bail. For: being a rogue and a vagabond, Margaret Webster was sentenced to a years imprisonment. William M'Grath, who appeared on remand, charged with being an idle and disorderly person, was sentenced to, one month's imprisonment. On. a similar charge, William Brown was'-sent to prison for three months. 'Annie Courtonay and Eva Courtenay were charged with having i,sed certain language in Ghuzneo Street on October 2. .; Mr. H. F. O'Leary, who appeared for accused, stated that tho language had been tised under extreme provocation. Each of tlo accursed was fined £3, with costs 133, in default fourteen days' imrjrisomaeit.