MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1405, 3 April 1912, Page 3

MAGISTRATE'S COURT.

(Before Dr. M.'Arthur, S.M.) QUESTION OF LIABILITY. CLAIM FOR DAMAGED CONSIGNMENT. Dr. M'Arthur. S.M., delivered judgment in the case in which Luke and Co., Ltd., sued the New Zealand Shipping Company for JE'lO as damages to a lathe. The statement of claim set out that on January 10 goods were being unloaded from the steamer Drayton Grange, and the lotho was for some time left tying on the wharf close by tho vessel. During subsequent unloading'operations a hoist which descended suddenly, struck the. lathe and chipped a piece out of the bed of it. This chipping, it was said, depreciated the latho in value, hence the C Hk'Worship said that the only ground on which he considered the Shipping Company could bo held liable was on the ground of negligence on, the part of the stevedores (their servants). He did not think such negligence had been proved, and gave judgment for the defendant. At the hearing ilr. E. Kennedy appear- | ed for the plaintiffs, and Mr. -J. Myers for the defendant company. CLAIM FOR COMMISSION. The claim of John William Mackny against Robert Hannah, for £26 as cornminion for the letting of certain premises on Laml.ton Quay, was decided in a judgment delivered by Dr. M Arthur. Mr V V. Kcllv appeared for the plaintiff, and ilr. A. Fair for tho defendant. Aft-. Fair had contended that as no 1e,.tiv> had \-ct taken place, and that as the panics were still awaiting the completion of a binding contract, the plaintiff must be non-suited. His "Worship held that as soon as a binding agreement was arrived at the plaintiff might have a right of action. In tho meantime plaintiff must bo nonsuited.

A CLAIM AND COUNTER-CLAIM. | Decision vcs given in the dispute be- | tween IT. Stairmaid (plaiutiti) ami Henry d K. Manning (defendant), a claim for J:\~i M 18« for plumbing work done. Defendant H counter-claimed .£lO Ss. fid. for material ft pupplicfl for jobs and money paid to otlirr 0 plumbers for rectifying defendant s work. S Jv.i!"iuont wai for the jilatntifi on the a clairii°fcr ,i'G 13.5., and defendant un the jtf counter-claim for -LTi jfw. (id. jg Counsel lor IT-* piointilf was Mr. IT. I-.. W \ni!crson, and !'<;• Iho defendant Mr. A. Ii Blair. | UNDEFENDED CASES. ' | In the following eases judgment wa.s en- M tore:! for the pkmitifi's l:y tbi'auH:- H Rosenberg and Co. v. Arthur Towiisond, K .EC, .-).=., costs Bs.; Thompson' Bros., Ltd. v. M James V. Uvke, Jill 10s. 3d., costs JM M 10s. fid.; To Momi Land Co., Ltd., v. * George Thomas Croft-, .£77. casts Jit 10-. jjj Gd.; Pntss and Loos v. E. M. Hnrber, .1:7 M ]7s. 3d., "costs .£1 Ss. Gd.; Kalherine Wil- 4 sr-n v. O'Sullivnn and Co., .CI, oasis las.; U Leonard M'lCciizio v. Reginald Weston, L liM. [id., costs as.;.A. H. Challcer v. Syil- & ncv Eolhel!, 35., costs; .1. Dv.yer v. li. Si S." Chilton, M as., costs ss.

JUDGMENT SUMMONSES. : Thomas O'Neill was ordered to pay .£3 Is. Id. to the Kosher Meat and Poultry Depot by April 16. Wnari Kerehouia was ordered to pay .£?, 12s. M. to W. H. Trongrovc by April 10. Charles Gwvnne was ordered to pay .£'s Us. fid. to Walter A. Scott <by April 1(1. Patrick .Tames Cotton was ordered to pay the South Pacific Mortgage and Deposit: Couipanv JM9 in weekly instalments of 10s. POLICE CASES. (Before Mr. W. G. Riddell, S.M.) William Kgan was fined ,C 3 for using obscene language in Courtcnay Place. Elizabeth Hnckmaster was convicted of drunkenness, and was fined .£l2 lor a breach of her prohibition order.

For being drunk while in charge of a horso and cart John Thompson vraF fined £1.