MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1473, 28 June 1912, Page 3

MAGISTRATE'S COURT.

(Beforo Dr. M'Arthur, S.M.) LAUNDRY PURCHASE. AFFAIR BETWEEN CHINESE. At the Magistrate's Court y<wjerday. Gee Li Quong sued Gee Kep Lee. This was a claim for £2'A Ds., said to lw tho balance duo on.tho sale of a laundry by the plaintiff to defendant. It was stilted that plaintiff was in Iho laundry business in Christchurqh in 11)05, when the defendant came from China. An agreement was made between thorn to the effect that the defendant should work for the plaintiff, and thus work off ,£IOO for poll tax. and ,1!27 for fnro, which was in due course paid. In 1110S plaintiff went back to China, having sold tho laundry to defendant for Ml 9s. Plaintiff returned in October, 11109, when defendant paiil J3B, leaving ,(!23 ( Js. still unpaid, for which Gjo Li Quoug, tho plaintiff, was now siiing. llt. A. L. Herdman appeared for tho I defendant, and Mr. P. Jackson for the plaintiff. The' evidence was rather confused, but the defendant (Geo Kce Lee) stated that he had bought the laundry for ,£2O, which had been paid. He repudiated plaintiff's statement that he was to work for .£1 a weak till ho had overtaken poll tax and fare. The agreement between them was that he (the defendant) should work for four years and receive no money except .£.'s annually, which he sent to his relations at hoine. He had worked for three years and three months, and had! paid l£3S to bo released from the agreement just before he bought the laundry. After a lengthy hearing from various more or less contradictory witnesses, his 'Worship nonsuited tho plaintiff. CUSTOMS CASE FAILS. Mr. Nixon (Collector of Customs) proceeded against a passenger by the Wimniora from Sydney on the charge of failing to declare duty on three pairs of boots, valued at .Ci. It appeared from the proceedings that the defendant was carrying a parcel, and was standing near tho wharf gates, waitin" for a carter, when he was accosted by an official of the Customs, who opened the pnrcfi and fouml tho boots. The defendant said that he had no intention to evade tlie. duty, and certainly did not fry and conceal a. parcel of that size. Ho 'was simply waitinK to engage a carter to take away his luggage after it had bean passed. . ■ Tho caso was dismissed. UNDEFENDED CASES. Thomas luglis v. M'lveuzie Bros., £i 18s. lOd., costs Ms.; Empire/Oil Company, Ltd., v. J. lie-id, !)=., costs 35.; same v. Grey Valley Timber Co., Ltd., .£IOB Bs. 7d., costs t's Us.;' Crump and Co., Ltd., v. C. Uddstrom, .618 Bs. 6d., costs £1 10s. Gd.; Blundell Bros., Ltd., v. Metallic Sign Plating Co., Ltd., ,£9,105., costs .£1 3s. 6d.; E. Reynolds and Co., Ltd., v. David Dun-ca-n, iCi!O, costs 155.; same v. James D. Harris,'..£3s 7s. 3d., costs 35.; Pathe I'reres v. Linden Henry Wilson, 11s. 3d., costs 235. 6d.; Lawrence Archibald Crawford v. Te Rangikawhia (Jack Waiwera), £Gl 195., costs' £a ss. ~ JUDGMENT SUMMONSES. F. O'Snllivnn was ordered to pav Bates and Lees i:C 18s. on or liefcro July 11. Lindlo Thompson was ordered to pay Nellie Parrish £3 15s. on or before July 11. PATHE FBERES'S CASE. ■ Mr. Kiddell delivered reserved judglucut in the case between Pathe Freres,. kinematograph entertainment accessories suppliers, and the Palmorston' Xcrtli Picture Enterprise Coinnaiiy, in which tlte former sued tho latter for £10 .10s.' for films, and £2 16*. Sd. for posters and foresight, or in the alternative 10s. for alleged breach of contract. The , defence raised at the hearing of tho ease was that tho agreement i'or supply .was r. verMl one; and that , an' order sent to Mr. litzperald, manager for Pathe Freres, by Mr. Cimino, the company's manager, was foi one programme only, and that Mr. Fitzgerald had continued to supply films at his own risk in spite of the cancellation of the order. The M 10s. Sd. was paid iuto Court by defendants.- who did nol dispute this clause, liesarding the other claim Ms Worship said it had been admitted that defendants entered into a. contract with plaintiffs for the supply of picture programmes at a rate, of ,£l9 10s. per week. Plaintiffs also said, that thi.i agreement could,only be determined at a fortnight's notice. Two of the defendants, Jones and Pittara, had denied the existence of any such arrangement, and considering the correspondence ■ his Worship thought this opinion, was well supported. His Worship said that plaintiffs must fail in their claim for JBI9 10s., and judgment would be given for plaintiffs for the amount paid into court, less Is. 9d., being' an item which tlio evidence nullified. Mr. E. Sladden was for the plaintiffs, and Mr. A. It. Meek for defendants. : \

A TEST CASE. ■Reserved judgment was delivered by Mr. W. 0. Biddcll concerning the ca.se in which •V. Ahradsen and Son, cabinetmakers, Tory Street, were charged "with failing to pay W. T. Johiistone, J. H. Jones, and F. Lenzine overtimo wage rates and thereby causing a breach of the Furniture Trades Award. The men were" removing partitions, repairing the floor, etc., at the Adolphi Cafe, and expert evidence showed that this work .might be done .either by carpenters or cabinetmakers, although the weight of Hie evidence was that it was really carpenters' work. And as carpenters' work with the precedent of "tho Auckland Society of" Carpenters and Joiners v. To'nson, Garlick, and Co., Ltd., ho was of the opinion that the offence was not within the scope of tho "Wellington Furniture Trades' Award. His Worship delivered judgment in the case of the employment of Johnstone, which would also apply to the other two cases as well. Judgment was for defendants, and as the cases were test cases, and the plaintiff a public department, no costs were allowed. Mr. D. Cavmody was for the plaintiff', and Mr. C. W. Nielsen for the defendants. POLICE CASES. (Before Mr. W. G. Biddell, S.M.) Susan M'Laughlin was fined £2, in default seven days' imprisonment, for drunkenness. A prohibition order was taken out against her. Annie Evans was fined 55., and Beldcan Goodwin Hulbert 20s. Seven first offenders were also dealt with. John Ensou. who was arrested 0,11, Wednesday for stealing a. coat from Herbert Vrico's shop in Willis Street, was. fined 10s., - in default seven days' imprisonment.