MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1530, 28 August 1912, Page 5

MAGISTRATE'S COURT.

(Before Mr. W.-G. Riddell, S.M.) DOMESTIC'S WAGES, MEMORY THE ONLY EVIDENCE. At the Magistrates Court yesterday Susannah Maguire, domestic servant, brought an action against Josephine Chnret, boardinghouse-kecper, of Wellington Terrace, claiming i'B Bs. as alleged balance of wages due to her. After hearing evidence his Worship remarked that the case was a somewhat unsatisfactory one. Following the usual practice of bonrdinghouse-keepers, the dctendaut had not kept a record of vases paid to her servants. He was of opinion that it would be far better in all cases if such a record were kept. In this ca.-e no receipts were produced and the only available basis of evidence was the memory of the individuals. His Worship went on to sav that the onus of proof lay upon the plaintiff, Susannah Jlaguire. Ho was not satisfied that she had proved her case and he therefore non-suited her. Mr. R. 31. Watson was for plaintiff and Mr. E. K. Kirkcaldie. for defendant. THE GROCER'S ACCOUNT. John M'llraith and Co., grocers, brought an action against Percy James _Flemmg for th© recovery of the sum of .£7 15s. 3d. alleged to bo money due for goods supplied. Mr. Anderson appeared on behalf of M'llraith and Co., and defendant Fleming conducted his own case. Defendant contended that the goods had been ordered by his wife and that they were not necessaries. His Worship did not accept this view of the case as conclusive and decided in farour of M'llraith and Co. for the full amount. UNDEFENDED CASES. In the following cases judgment was entered iu favour of the plaintiff by fault:Harry Buddie and Harry Evelyn son v. Frederick Herston Frankland, .£24 lis. 3d., costs £2 145.; Tho Wellington Traders' Agencv (assignees of K. Isbister and Co.) v.' John Young, .£l3 16s. 10d., costs\E2/fs. 6d.; Waipa Railway and Collicrios./Ltd., v. John Frederick Best, .£25, costs ;£2 145.; same v. James Alexander Coghill, £i, costs 10s.; G. Hardt and Co. v. Frederick Wood, .£0 10s. 4d., costs £1 3s. Gd.; R. Tsbister and Co. v. E. H. Eyres, •£3, costs 15s. i New Zealand Investment, Mortgage, and Deposit Co., Ltd. v. William Robert Bonlton and Sydney John Boulton, .£lB lis. Id., costs £> 3s. 6d.; Thomas Shields v. Lorrio Lonerran, .£lO 10s., costs 155.; John Edward Butler, Ltd. v. James M'Carty, ,£163 16s. 9d., costs .£2 10s.; New Zealand Investment. Mortgage and Deposit Co., Ltd. v. William Augustus Caldwell, £7, costs £\ 3s. 6d.-, North Co., Ltd. v. John Humphries, .£2 ' 10s. sd„ costs 10s. 6d.j Elizabeth Kelly v. j Wm. Henry Ellis, ,£6 195., costs Bs. JUDGMENT SUMMONSES. i . C. Physic was ordered to pay W. Whit- > ing £7 Is. 6d. on or before September 10. OTHER CASES. (Before Mr. W. G. Riddell, S.M.) i Carrie Corbett was convicted and dis- . charged for insobriety and-was fined £i .' (or one month's imprisonment) for breach . of her prohibition order. . _. Thomas Patrick Pritchard was fined .£2, • in default seven days imprisonment for [ insobriety. James Keenan was fined £i with an alternative of 14 days' imprisonment for indecency. Robert Hogg, who was before the Court on Monday with other Territorial defaulters, came up for sentence yesterday. He was fined .£2. Mr. o'R«gan appeared for, Hogg. ■