MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1542, 11 September 1912, Page 5

MAGISTRATE'S COURT.

■ (Before Mr. W. G, Biddell, S.M.) THE TOBACCONIST. AND THE SHIFTED STREET .LINE. Out of street-widening operations, which necessitated alterations to Shortt, Limiled's buildings in Willis Street, arose tho case .of W.' F. Skortt, Ltd., v. Jacob Morris. ■ ' ; Mr. P. W. Jackson, counsel for the plaintiff, in an outline of tho case, said that defendant was a tobacconist who had been for many yearß a tenant of the Shortts. ' When it had been decided to alter ' Shortt's ■ buildings,. Shortt had written to Morris on September 26, giving him one week's notice, but stating that if Morris cared, to stay in the premises during.the time that the alterations were being made he could do so rent free. On September 28 Morris had replied agreeing to stay on. Shortt's letter had stated that Morris's rent would cease from the time the work affected his business, and would commence again immediately upon the completion of the work. Tho altering had actually been commenced on October i, 1911, but had not affected Morris' until a. week later, at least. Bo Morris had the place rent free from October 11, 1911, to Eobruary 5, 1912. Defendant considered'that he was entitled to cease paying rent on. October i, and tho rental from October 4 to October 11 was there-' fore in dispute. After "the completion of tho alterations, Morris had complained that his business-'had been affected, and the rent had been reduced from .CI 10s. to Zl-;10s:;:;:per ::week. The latter amount Morris had paid until a week before he had ceased to be Shortt's tenant, so £3 10s. for that' week's use of the shop had been included in the claim. Plaintiff: also claimc £1 10s. for a counter, and • 6s. for a pane of glass, two things which plaintiff alleged that defendant had WTongfully removed. The total claim was .£9 165., but as defendant had paid into Court the £3 10s, claimed for the latter week's rent, the items in dispute now amounted to JG6 • 6s. Mr. J. J. Jl'Grath, who appeared for the defendant, said that Morris's rent had ceased from October 4, on which date alterations had been begun and from which time his business had been affected.' The counter and the glass were Morris's property. After having heard evidence; Mr. Biddell, S.M., decided'that Morris had been within his rights in taking away the glass, and that plaintiff was not entitled to tho M 10s. claimed for rent. He upheld plaintiff's claim regarding the counter, and gave judgment for' plaintiff for £1 10s. over and above the amount of i!3'los. paid into Court. THE GUN SIGHT. Robert C. Denton, engineer, Wellington, claimed .£ls los. 9d. from F. Andrews, engineer, Wellington,' for work done on a gun sight patent. Mr. H. Buddie appeared for the plaintiff, and Mr. J. W. Organ for the defendant. The jchief point in dispute was . tho price. The defendant contended that the prico asked was an over-charge. Mr. Biddell, S.M., who heard the case, said that it was a difficult matter to arrive, at. a precise charge for the work, but that after having allowed the usual wage for the time spent upon the w;ork by the various employees of the plaintiff, •' and after having allowed a reasonable profit for the plaintiff, he had come to tho conclusion that the charge was very slightly in' excess of what it ought to be. " He considered that .£l4 would be a fair charge, and he gave judgment for plaintiff for that amount, with costs. SHIP'S CAPTAIN TO PAY. Dr. M'Arthur, S.M., delivered judgment in the case in-which'Charles Da\vson claimed £\S Is., and John M'Kinnon £26. 2s. .from Alexander Grant, master of tho steamship Strathroy, for damages arising out of an accident at the Jervois Quay-Wharf on August 13. , The accident, it was stated at the hearing, was tho breaking of the gangway wjion the plaintiffs were walking over it after their having finished work on the vessel. His Worship said that someone should have been placed on watch to warn those leaving of the state of affairs. The plaintiffs, had availe<sthemselves of the onlv available, means bf leaving the ship, and in doing so, had received injury. Judgment was given for Dawson for the amount claimed (£l3 Is.). His Worship considered that M'Kinnon'*' claim for loss of wages was too high. He reduced that claim by £i, and gave judgment for ,£22 2s. At the hearing, Mr. P. .T; O'Rpgan .ippeared for the plaintiff, and Mr. A. Fair for the defendant. PATENT MEDICINES. Arthur Henry Shakespear Lucas, proprietor and distributing agent of the- Br. Lucas-Papaw Reincdies, sued Frank Shaw, chemist, Wellington, to recover ,£6 "?. 10d.. alleged to be duo for certain pal cut medicines delivered on "sale and return'' conditions to 1 the defendant. Mr. H. E. Evans appeared for the plaintiff, and Mr. E. J. Filzgibbon for the defendant. After evidence . bed been given, Dr. M'Arthur, S.M., reserved decision. HROMISSORT NOTE.' L. C. Burke and Co., Wellington, carriers, proceeded against William C. Aubrey, land agent, Wellington, to recover .CSO, alleged to be owing respecting a promissory note. Plaintiff claimed, also, £7 •' 3s. 'Id., as interest at the rate of 8 per cent, per annum. Mr. F. G. Bolton represented the plaintiff, and Mr. V. R. Mereditli the defendant. Judgment was given by Dr. M'Arthur, S.M., for the plaintiff for the amount claimed. -£150 DAMAGES. Richard Keeue; settler. Wellington, sued William Wilson, builder and contractor, Wellington, to recover .£l5O for damages alleged to have been caused by the defendant's trespassing on and depositing soil on a piece of land in Ghuznee Street,.

Defendant did not appear, and judgment was given against him by Dr. M'Arthur, S.M. UNDEFENDED CASES. In the following cases Dr. M'Arthur, S.M., entered judgment for the plaintiffs by default i— J. T. Home ,v. Herbert Allan Davis, ,£0 65., and costs £1 ss. Gd.; Albert Edward Dimock v. John and Alico Hall, .£5 2s. 3d., costs lis.; Georgo E. Rogers v. George Christie, £1 10s., costs 55.; ijeo Carter v. W. W. Duncan, .£4l 14s. 2d., costs £2 Hs.; William Ramsay Wilson v. Charles Edward Malm, 18s. 3d., costs 55.; Thomas Shields v. Daniel H. Craig, A3 10s., costs 55.; Maria Thornton v. Mrs. Catherine Corkins, .CIS .13s. 8d„ costs .£1 10s. 6d.; Mary Agnes Haiuerton v. Stanley E. Read, £1 2s. Bd., costs 55.;. Webb and Holmden v. I. M. A. Brown, £1 os. 4d., costs 55.; John Dulhie and Co., Ltd., v. John Chase, .£5 Bs. Bd., costs Bs.; same v. William Noonau, .£5 3s. Gd., costs Bs.; and the Wellington Publishing Co., Ltd., v. Frederick Wiiliaui Mills, Us., costs ss. JUDGMENT SUMMONS. W. Wanden was ordered to pay David Milligan by September 24. POLICE BUSINESS. (Before Mr. W. G. Kiddell, S.M.) ONE OF* THE HOMELESS. Charles Hewald, alias Hayward, who was deemed tb be an idle and disorderly person, was;,sentenced to one month's imprisonment. 'It was stated that Hewald had been found sleeping out on the ferry steamer Duchess. Kate Brady was fined ss. for insobriety.