MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1454, 31 May 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddeli, S.MO jji TIMBER FIRM'S CLAIM. || At tho Magistrate's Court yesterday || judgment was delivered by Mr. W. G. $1 Iliddell, S.M., in the case of Bootli aud Co., Ltd. v. John M'C'allum. % Plaintiff claimed to recover .£l7 Ss. lOd. | for timber supplied. There was an i, agreement between tho parties that a <j» qauntitv of timber should be purchased 1 at a certain price, but the agreement was not strictly adhered to inasmuch jj as plaintilf allowed an extension of time for the completion of the agreement. Defendant contended that, therefore, the agreement could not be regarded as tor- fc urinated. & His Worship disagreed with that con- $ tention, but remarked that tho matter ffi had been well argued by defendant s = counsel (Mr. Atkinson). The point, his ® Worship said, was a technical one, as p defendant had no equities in the mat- M ter, he having accepted and "used tho jja timber for which he had been sued. Judgment was for the plaintiff for the M amount claimed with costs. k3

Mr. V. R. Meredith appeared for the f, plaintiffs, and lir. A. K. Atkinson tor [?S the defendant. KNOCKED DOWN BY CYCLIST. |t Edward Henry Watts, a cook, claimed p <£30 as dam-ages from Brian Kouthwaite, fei a. youth, whom plaintiff said had knock- fej ed him down while cycling in Courtenay Kg Place Mr. A. H. Hindmarsh appeared for tho (S plaintiff and lir. E. C. Levvey for the Bg defendant. |tj Ijpon the evidence which was tendered p his Worship decided that the defendant p was not blameabl© for plaintiff's bavins been knocked down, and gave judgment K for defendant. LANDLORD'S SUIT. Alexander Sample claimed .£l2 s*. from Arthur Pearce, as money due for the occupation of piemise.? in Tory Street. -Mr. A. Dunn appeared for the plaintiff, and Mr. D. U. Jackson for the defendant. Mr. Dunn stated that defendant bad given n week's notice, and had left the premises, but a mruith's notice ought to have been given. Defendant, lit- ci.istinued, had taken over a lease of the ft premises from a former tenant, an.l vbrn that taise had expired had remained the tenant of the building under the tonus of the old lease Defendant's counsel said that on the expiry of the old lease a new .■••■raugoment hud been come to. and th-'l ilii; had included ail agreement that the length of notice should be one week. Judgment was reserved. BREACH OF AWARD. The Wairarapa Butchery Company was fined £2 on a charge of having brcken the terms of tho Butchers' Award by not paying a man the proper uvertime wage for Good Friday work. ■UNDEFENDED CASES. In the following cases judgment was entered for the plaintiff by default:— Wellington Piano Co., Ltd., v. Bijou Theatre Co., Ltd.. ,£5 7s„ costs XI 3s. lid.; Patrick Cavanagii v. William Jones, ,£ls, costs £1 10s. Gd.; The Commercial Agency, Ltd., v. George L. King, .£.1(1 Ss. 8(1., costs JO 9?.; E. Reynolds and Co., Ltd., v. John Harvey, .£ls IDs. Id., costs ISs.; same v. M'Kenzie Brothers, .£l9 lis., c-- sis 195.; Kirkcaldie. and Stains, Ltd., v. John Searle, ,£l 35., costs 75.; The Commercial .Agency, Ltd. (assignee) and M'Eldowney Bros, (assignors) v. Simon M'Donald, ,£U7 7s. Id., costs ,£!■ 3s. fid.; B. Reynolds and Co., Ltd., v. John Harvey,'.£l3 lis. lid., costs 15s. POLICE CASES. For insobriety, Neil M'Lean was fined 10s. Richard Dunn was fined X 3 Or l.a'-iig committed a breach t .f his proirbunu order.