MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1448, 24 May 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Hicldell, S.M.) THE AGENT'S CLAIM. "A CIPHER" SET UP IN DEFENCE. PROMPTLY WALKED OVER. In the case Thomson (Thomson and irown, land agents) v. Macarthy,.plaintiff .laimetl from T. G. Macarthy, brewer, a mm of £'3S 15s. as commission on (lie sale it a. property 011 Wellington Terrace. The ;ale_ had been effected to Mr. Flavell for C 1350. Defendant's counsel Ofr. J J. UOrrath) contended that plaintiff Thorn■on had not been Macarthy's agent for ir s " lo > TT bllt acted for the owner, .. ■ Heyes. Defendant's position was •eally that of mortgage Ills Worship held that lle'ves was merely a. cipher in the matter,""and had 10 say in the sale of the property. He va.s owner merely in name. Macarthy ivas the real vendor, and had already noticed Heyes that he intended to sell the property. His Worship thought that it mist bo tnken that, though Macarthy did 19! directly authorise Thomson to net as lis agent, yofc he had told the latter that 10 intended to sell, and knew that Thomson was endeavouring to effect a ' sale ivhieh would be in his interest, and, later, 110 (Macarthy) jcquiesccd in Thomson's efforts. Also, before the contract had been completed, and •lie deposit paid, Macarthy knew that Thomson would claim a commission, and, being aware of this, ho accepted the purchaser introduced by Thomson and completed the sale. Judgment was given for plaintiff for the imount claimed. Mr. M'Grath applied for and obtained leave to appeal. Mr. 0. Beere appeared for plaintiff. FOG OVER SOME HAMS. A claim was made by Hill and Barton, provision merchants, for ,£l9 Bs. 6d. (gainst G. 11. Jones, pork butcher. This imount was alleged to be the balance of [he price of some hams sold and delivered by plaintiff to defendant. Plaintiffs set out that they had suffered lamage from the defendant's' breach of an lgrcement mado on February 29, 1912, iv here by defendant, in consideration of plaintiffs not bringing an action for tho recovery of moneys against him, had promised to pav the sum of .CI!) Ss. 2d. 111 •expect of this alleged breach on March I of contract, plaintiffs claimed iillerna.ively ,Cl 9 Bs. (id. as damages. The defence set up-was that the hams vere bad, ami evidence was given to the 'act that '13 had been condemned by the Health Department Inspector. Decision was reserved. Mr. E. Jl. Siadden appeared for plain;iffs, and Mr. P. \V. Jackson for defendant. PAY ON GOOD FRIDAY. The Gear Meat Co. wore proceeded i-gainst by the Inspector of Awards for imploying Robert Reay on Good Friday ast without paying him the award rates. L'he inspector stated that Reay had been irought back to work by the shopman, vho had not notified tho management of ho matter. A fine of -C 2 was imposed, leay was also fined 10s. for accepting ess than the award rate. BAKEHOUSE OBLIGATION?. The inspector also proceeded against FiV. Meyer, of Brooklyn, for employing,

during the month of April, a carter named 1 ercy Meyer in his bakehouse. Tho inspector staled that defendant had employed two half-time men, and lie .contended (hat, by allowing the carter to uork in the bakehouse, one or the two other men were being deprived of tho employment which they were legally entitled to. Meyer was find «£l. -*ater in the morning Mr. A. L. Herdman appeared, and stated that he was dotcnuant s counsel, but had not heard tho case called. He accordingly made application for reinstatement.' This was granted, and the case will come on next 1 uesday. UXDEFEXDED CASES. Millar s "\\ est Australian Hardwoods Company, Ltd., v. Thomas Wallace, <£:J i!s. 0(1., costs 10s.; "Xew Zealand Times" Company, Ltd., v. John William Thompson, t £j), costs fc.; Onslow Borough Council v. Arthur Kilmister, costs Os.; J. B. MacEwan and Co., Ltd., v. J. rogariy, Jil lis. 3d., costs os.; Rosenberg and Co. v. Matilda Smith, .£2 19?. Gd., costs is.; E. Reynolds and Co., Ltd.. v. Victor I'. Spiers, costs .is.; Sharlaud and Co., Ltd., v. J. B. Collins, „ElO Ss. 3d., costs <£1 10s. Gd.; John Xicol v. Mrs. Ismena Smith, .£1 7s. Gd., costs 55.; Colonial Tinware and Japanning Co., v. Tho Bijou Picture Company, 10s. 6d., costs as.; Gordon and Ciotcli Proprietary, Ltd., v. D. Duncan, £i 12s. 9d„ costs 10s.; same v. \ . Spiers, m Bs. Gd., costs ,£1 10s. Gd.; George Pinnock v. Taumva Hohia, Xl 7 55., costs ~CI 17s. Gd.; Caselberg and Co., v. Bell Brothers, X 2 3s. 2d., costs 10s.; E. ~V\ . Mills and Co., J,td., v. Herbert Mead, .£ls 17s. Sd„ costs X'l 10s. 6d.; Wellington Gas Company, Ltd., v. Harry Hill, .£lO 35., costs .£1 10s. Gd.; J. B. Clarkson and Co. v. J. Bums and Co., Ltd., £2 2s„ costs ss.

JUDGMENT SUMMONSES. Francis E. East was ordered to pay P. .T. Griffin £i'J 12s. on or before Juno G; Harold Lock wood was ordered to pay Albert Joseph Mace ,£6 16s. 6d. on or before Juno G. Cliarles Bird was ordered to pay Haycroft and Parsons ,£l6 Os. Gd. on or before June G. J. F. Lyons was ordered to pay Law and Manning £11 13s. Gd. on or before .Tune 6. .T. H. 'Weight was ordered to pay the Wellington Loan Co., Ltd., .£l2 lis. sd. in instalments of ,£1 per montli. POLICE CASES. Adeline Lilian Mary Francis came up for sentence on a charge of loitering and importuning in Ghuznee Street. She was sent for a month to the Salvation Army Home. Harry Thompson and Rex Mansfield, stowaways on the s.s. Ulimaroa, which arrived on Wednesday from Sydney, were ordered to pay half the amount of the fare, £i each, or undergo three weeks in prison. George Cornish, represented bv Mr. P. J. O'Eegan, pleaded guilty to a charge of stealing a watch and chain and pendant, valued at £1. Detective Broberg stated that accused had not been before the Court before. Hs had got into bad company on his arrival in the Dominion. Oil condition that he made restitution, accused was convicted and ordered to come up for sentence- when called upon. Frederick Price was convicted of drunkenness and another offence, but having respect to the circumstances, no penalty was imposed. Henry Peter Webster was sent to gaol for two months for stealing a suit of clothes from C. Smith's shop in Cuba Street. George Hover, a deserter from the Opawa, was sentenced to one month's imprisonment.