MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1274, 1 November 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, S.M.) CIVIL CASES. PEOPERTY IN ELLICE AVENUE. Several hours were taken up in the hearing of a matter concerning agent's commission on the sale of a property known as 3S Ellice Avenue. The owner of tho property was J. C. Bennett, cordial manufacturer, Wellington, and tho purchaser Mrs. Birch. Miller and Eutter, estato agents, had claimed £25 commission on the transaction from J. C. Bennett. Warburton and Co., another firm of estate agents, also claimed on J. C. Bennett for commission. In order to avoid paying double commission, Beaiuett had arranged to sue Warburton and Co. for £25 (the amount of tho commission retained), and the two eases were heard together. Mr. A. Blair represented Miller and Rutter, Mr. Gray represented J. C. Bennett, and Mr. W. 11. D. 801 l represented Warburton and Co.

His Worship considered that Warburton and Co. were entitled to the commission, and, therefore, in the- case of Miller and Uutter v. Bennett, ho would decide against tho plaintiff. J. C. Bennett accepted a nonsuit in his case against AVavburton. and Co. nOTEL BILL. In the case of John H. Fairbairn, hotelkeeper, Wellington, v. George Franklin, farm labourer, a claim for £2 45., a matter of a disputed hotel bill, judgment was

given for iho plaintiff. Mr. J. .1. ll'Gr.iih appeared for the plaintiff, and Jlr. F. Ward for the defendant. DEBT CASKS. In the following ca?os judgment was given for the plaintiff by default:— Jano Wilcox v. Jlary Aitken, 75., tests 10s.; Jano Berry v. .vlay Smith, .£) Us. (kl., cor.t.s ]os.; Commissioner of Taxes v. Peter Hoyos, X 53 13s. 5<1., costs £\ 10s.; T. M'Dowell v. J. Kavanagh, ,C."i lO.s. lid., costs .£1 3s. Cd.; If. Hannah and Co., Ltd., v. 3. F. 11. M'Carthy, 195., costs 55.; King Goldmining Company, Ltd., v. (ipo. M'Kenzie. £1G as., costs XI 13s. Cd.; 6amo v. Thos. W. Porter, £"2 10s., costs £2 Us.; Oswald Hewison v. Cecil Brailhwaite, £<S 55., costs .£1 3s. Od.; H. J. Packard v. E. Stanley Parrington, X 3 Us. Cd., costs 10s.; a.n<l K. Jamieson and Co., Ltd., v. Chas. S. Smith, £29 9s. 3d., costs £2 Us. Stanley Parrington was ordered to pay .£3O 7s. to Wm. Evan by November 11, in default one month's imprisonment. RESPECTING GOODS. (Before Mr. W. G. Eiddell, S.M.) Wollerman and Co., Wellington, sued J. A. Tiithil], Xew Plymouth, for .£9 12s. 6d., cost of goods sold and delivered in 189 D. Mr. A. Fair appeared for the plaintiff, and Mr. A. H. Hindinarsli for the defendant. Judgment was for plaintiff for the amount claimed, but no costs were allowed. POLICE CASES. (Before Mr. W. G. Eiddell, S.M.) James Cocker was fined ~f.l for insobriety, and John Bewick Harris was fined £2 for breaking a prohibition order. James Rhodes was charged with being an incorrigible rogue. He was convicted and ordered to appear for sentence when called upon. Ho was sent to the Ohiro Home. Henry James Wren was sent to prison for a month for stealing a suit of clothes, valued at 2!fe. 6d., the property of Alexander Dimdore. On a charge of stealing three diamond rings, of the total value of ,£34 10=., tho property of Montague Heinemann, Cecil liraithwaite appeared, and was remanded till to-day. A fine of £3 was made against Harry White, alias Brown, for stealing a bicycle valued at .£7 10s. from E. Hoffmann. George Taylor was sentenced to two months' imprisonment for disobeying a maintenance order. The warrant will be suspended so long as the arrears are reduced by ss. weekly. A youth named William Gordon admitted that he was guilty of having stolen £3 15s. from Eichard To'mlin. He was ordered to appear for sentence, when called on. Restitution had been made, and accused's employer was willing to keep him on.