MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1288, 17 November 1911, Page 3

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Dr. A. H , Arthur, S.M.) A PROPERTY TRANSACTION. His Worship delivered judgment in the caso of Mrs. E; Lingard v. E. E. Sweeney. The action was for a first instalment on the purchase of a property at a price of some .£6OO. The plaintiff had claimed j:io 12s. 6d. ai instalments due under an agreement for sale and purchase (.£10), and interest on .£125 at 6 per rent. (12s. Gd.). Mr. A. R. Atkinson had repressnto<l the plaintiff, and Mr. A. Fair the dofondant.

Counsel for the defence had asked for a nonsuit on the ground that the Court had no jurisdiction because tho action was virtually one for specific performance, and that the matter was already res juiiioata, inasmuch as an action had already been brought and determined. "The proof of damage has been shown," said his Worship, "as the plaintiff still lias the property, which, it is admitted, is already saleable at the price on similar terms to what the defendant agreed. The plaintiff has the property in the same condition as formerly, and Ms only remedy is to forfeit the deposit,, which has atreadr been done."

In'his Worship's opinion the action waa clearly one for specific porformanco, aad, a-s such, was outside the jurisdiction of the Court.' Therefore the plaintiff was uonsuitflifi

A PRESSING MACHINE. Charles Seymour Trillo and William Gilbert Moual, both of Wellington, engineers, trading as Trillo and Mount, proceeded against Henry North and (Jo., warehousemen, Little Taraaaki Street, Wellington, claiming to recover .£lt! 10s., .as the prica of a pressing machine sold and delivered to the defendants on or about May 30; Mr. E. J. Fitagibbon represented the plaintiffs, and Mr. F. G. Bolton appeared tor tho defendants.

Hie dc-fenco was that tho machine was not satisfactory, and that the price a! first mentioned was .£5 or £6.

Some evidence was heard, and the case was adjourned till to-day.

DEBT CASES. In tho following cases judgment rcui 1 entered for the plaintiffs by default:— H. Himaun v. H. Adams, J2 Is. 6d., costs 125.; the Public Trustee as administrator in tho estate of T. A. Watte v. Jbs. Lucas Huwylor, £3 19s. Bd., cost 3 165.; Beatrice Amy Pinnock v. Martin M'Govorn, 12s. 6d., costs ss; Public Trustee, executor o: tho will of Wm. John Pringle, v. Johii Tlioa. Pringle, £1 10s., costs .CI;. J. B. Clarkson and Co., Ltd. v. il. V. Walker, JBI6 13s. 3d., costs 155.; and Sharland and Co., Ltd. v. tho Metallic Sign and Plating Co, Ltd., £il 12s. 10d., costs .£2 Ms. W. Stewart was ordered to pay Elias Jos. Hyams, £18 6s. 10d. by November 30, and L. Berlyn was ordered to pay .Garricic and others .£2B 12s. Id.,- in instalments of £A per month.

COMMISSION DISPUTED. (Before Mr. W. G. Ridde-11, S.M.) Haroourt and Co., laud agents, Wellington, sued the Wellington Steam Ferries, Ltd., for £6 10s., as commission on the sale of a property at Day's Bay. Mr. J. C. Peacock appsared for tho plaintiffs, a'ud Mr. R. M. Russell for the defendants.

Thedefence was a denial that Harccurt and Co. were instrumental in selling the property. Decision was reserved.

POLICE CASES. Maud Isabella M'Lean, who was deemed to bo idle, di?orderly, and without sufficient lawful moans of support, was ordered to spend six months in the Salvation Army Home.

A boy of ten years pleaded guilty to a charge of having stolen ill. He is to be sent to AVereroa Farm.