MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1292, 22 November 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. M'Arthnr, S.M.) CIVIL BUSINESS. WHAT WEIGHT OF EVIDENCE? Judgment was delivered yesterday by Dr. M'Arthur in the of Stevenson and Ferguson v. Drewilt ami Bullford. trading a? the New Zealand Electrical and Accessories '.'otiirtany. 'I'he plaintiffs had sued the defendant? for .CIKi 7?. Id. for engineering work done and goods and material supplied to the order of the defendants.

His Worship r-M that the whole emotion was >i!e of Ilie weigh! nf evidence, and. alter careful ronsideraf-'-iu, he had 110 hesitation in saving lli.it the amount paid into Court (-£.ll SO liy the delendants wa- a fair and payable .-inn lor the work done. Judgment w.-.t, fir plaintiffs \ r tinamount paid into Ojurt. Mr. Iliinu had rtpresentrd plaintiff, and M 1: Willi- the defendants SMASH ON Till'. l!OAl>. Percy Johnson,, fruiterer. Onvpii. l!"n«L proceeded against James I.amb. of Coombo Str.r.t, to recover .CS S. fill, as d-imig.-. alleged to have been incurred through a collision between the parti:'.- while the plaiutiiT was riding a bicycle and the defendant driving a molor-rar. Mr. P. W. Jackson ropro.-onl.-d Iho plaintiff, and Mr. J. J. M'Gmlh the difemlant. The allegation was that the cause of the collision was negligent handling 11 the car by the defendant. The deffnee fvas a denial of that; and a statement that when defendant approached the hill on which (lie collision occurred he sounded his horn several times, but thai Johnson, who riding with his head down, appeared to become confused, and rode into the .car. His Worship held that the case for the plaintiff had not been proved. DEBT CASES. In the following cases judgment was entered for the plaintiffs by default:— Public Trustee v. Eugene O'Snllivan, ,£7 lGs. 9d., costs £1 lis. lid.; Whitcombo and Tombs. Ltd., v. J. B. Gollans, .£lO Is., costs .£1 10s. 6d.; John Passmore v. John Fergusou. £'1 2s. fid., costs !ls.; Oresden Pianoforte Manufacturing and Agency Co., Ltd., v. Allan G. Cunningham, .£3O 17s.' 2d., costs .£2 145.; Robert Matson v. Charles Stevens, JEW, costs .£1 3s. fid'.; Arthur Golton v. Norton Smith. £\ Its., costs 55.; Champion Company v. A. Leslie Young, ,£7, costs =C 1 3s. 6d.'; Henry Bodlev v. Jos. Harlen, .£7 10s., costs .£1 as. 6d'.; H. W. Davins and Co. v. John Henry O'Neil, .E6 ss. 6d.. costs .£1 3s. fid.; same v. David Beggs, £i las., costs 10s.; same v. William James M'Nivcn. costs 75.; Van Staveren Brothers v. J. B. Wishart. £1 19s. fid., costs 55.: N.Z.L.M.A. Co.. Ltd., v. P. G. Foster, £z Gs. 3d., costs XI lis. fid.; Frederick George Bolton v. Elizabeth Green, 4320 Us. Ud., costs .£2 10s.; Ernest George Kobertson v. John Bicknell. JE2 ISs. 2d., costs 95.; H. W. Davies and Co. v. George Bennett, .£3 10s.. costs 10s.; Anne Ellen "Gibson v. W. H. Kinvig, costs onlv, -.El'fis. fid.; Wellington City Council V. George H. G. Bradley, £b Us. 3d., costs only, Bs. John Tofts was ordered to pay to Harold B. Fakes £! Us.. Bd. by December 5.

WAS THERE A CONTRACT? . (Before Mr. \V. G. Eiddcll, S.M.) Samuel Gibson, settler, Pongaroa, was sued bv H. \\. Davies and Co., plumbers, Wellington, for ,£).lo=. as travellers' commission respecting an order for the purchase of an acetylene gas plant. -The sum of £1 55., too, was claimed.' .as. die cost of packing and unpacking the plant. ■ Sir. E. J. l'itzgibbon appeared for I'lie plaintiff, and Mr. Balcombb Brown for the defendants. If was stated by the plaUriff. that h<< had received through one of his travellers an order for an acetylene gas generating machine, and that after it had been packed for dispatch, Gibson had cancelled the order bv letter. His /Worship decided that there had been a contract, but he considered that the claim was excessive. He gave judgment for the plaintiff for ,21 ss.

POLICE CASES. ' Frank Hunt and John Smith were charged with having attempted to steal a copper boiler belonging to Horace ,laves. Both pleaded not guilty. Hunt was convicted and-fined ,£l, and Smith, was discharged, as his Warship wai not,'satisfied that.he had intended to be a. party to any wrong-doing. •.-' ■ William Anderson was.fined £2 for breaking a prohibition order.