MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1709, 28 March 1913, Page 3

MAGISTRATE'S COURT.

"WONDERLAND," SALE OF THE HOLIDAY PLANT. COMMISSION DISPUTE. A. C. Symori<M, commission agent, Wellington,! sued William Duncan, of Dun- 1 can and Co., commission agents, Auckland, to recover .£146 17s. 6d. as tho amount of moneys received by the de- ' fondant from Miramar, Ltd., Wellington, on or about December 7, 1912, which moneys were received by Duncan for Synionds in respect of the sale by tho plaintiff of the Miramar property kno\vn as Wonderland to Mr. Doyle. Mr. E. J. KtzGibbon appeared for the plaintiff, and Mr. ,T.'C. A. Hislop for tho defendant.

Mr. Pitzgibbon stated that Symonds was in business in Auckland, and he employed the defendant Duncan on a commission basis. It was alleged tiff that Duncan was the sorvant of Symonds; and'in no sense a partner. Miramar, Ltd., owned Wonderland, and had been pretty anxious to sell it. They placed the mattei: in the lands of Symonds, and as /a result of his endeavours a sale was effected to a man named Doylf. who, in connection with the Auckland Exhibition, had taken over practically the whole of the side-shows. The sale of Wonderland was_.effectecl as a result of Symonds's efforts, but Duncan came to Wellington, and received JJI4GII7s. Gd., which amount was only part .of the commission. Counsel-advised Miramar, Ltd., not to pay out any further money 1 , and there was about .£IOO commission money owing. Miramar, Ltd., were not going to. pay over- the'balance until the Court decided who was to receive it. Plaintiff wanted ; not only the <£146 17s. Gd., but «lso the remaining 4100.' Some evidence was heard, and the case was then adjourned sine die, because some witnesses are absent from Wellington. ~ ' ; ,

\ LAND TRANSACTION. William , Alexander Thomson, . land agent, Wellington,' and Charles Snow, commission agent, Hamilton, proceeded against Cecil Norman Mardon, farmer,' Hamilton, for ,£179 4s. 6d., as commission on tho sale of a Waikato farm. Tho commission was at the rate of ono per cent, on =£17,922 10s. Mr. 0. Beere appeared for the plaintiffs, and Mr.* A. Gray for tho defendants. i ' 1 Some evidence was taken, and the caso was then adjourned till Monday next. .-

,'. BREACH OF GROCERS' AWARD. William Hamilton Boyd, grocer, Kilbirnie, was fined i! 2 on a charge of his having broken the AVellington - Grocers' 'Assistants' and Drivers' Award by .employing Claude Barnard as an assistant at the rate of £2 per week, instead of £2 10s. per week. f Bavnard; was fined <£1. , THE PLUMBERS' BILL. Edward Jones Footlicad sued John James O'Brien, under tho Contractors Lien Act of 1908, to recover 'i£B lis. 2d. for plumbing work dine to house in Aro Street. .judgment was for the plaintiff, with costs i-1 Bs. 6d.

UNDEFENDED CASES. 'In tho following cases judgment, was entered for the plaintiffs by default:— Charles Pratt and Co. v. A. I'illerow, ;£2 Ills., costs 125.; Frost and Frost v. F. O'Neill, £5 10s. 6d., costs £[ 4s. 6d;; Wm. 0. Wilkinson v. Albert E. Pudney, .£2 15s. ,4d., costs- .135,; samerv.'Charles Mickelsen, J2B 7s'. '3., "Costs 135.; Blundell Bros., Ltd., v. 1 College and Strutt, 10s., costs .£1 3s. Gd.; W. E. Lintz v. Heber Brown, .£3 18s. Gd., costs lis.; John Chambers an-cl Son,- Ltd., v. E. Brynildsen, ,£3O 2s. lid.; C. Pratt and Co. v., Geo. M'Gregor, .£l2 7s. . 'fd-, ' costs os. 6d-; D.I-C. v. A. A. C. Stevens, .£1 4s. Gd, costs 55.; E. W. Mills and Co., Ltd.,.v. Wm.'Ward, i£l7 10s. Id., costs ,£1 12s. Gd.; same. v. Maloolm M'lutyre, J!3 10s* 5d., costs \£l; same v. Henry Goodin, £" 13s. 6d., costs 135.; "New Zealand Times" Co., Ltd., v. G. C. Reynolds, £5, costs ,£1 Os. Gd. ;-Emily Rose Gardiner v. Patrick Jemes Moran and Seymoiir D. Grut, =£11445.;,. oosts .£1 13s. 6d.; H. Prioe and Co., Ltd., v. W. G. Herd and Co., .£26 18s. Gd., costs .£2 145.; Lo Grove and Lawrence Co., Ltd., v. George Peacock, i!l 10s., costs ,£1 7s. Gd.; M'Grath and Willis v. Nellie. St Leger and Rupert St. Leger, .£21145. lid., costs £2 175.; P. Heyman and Co. v. E. It. Claridge, £S Is. 5d., costs .013s. Gd.; Cycle and Motor Supplies, Ltd., v. E. Hewlett, costs 125.; Humphries Patent Bracket and Scaffold, Ltd., v. J. W. Fletcher, .£l2 10s., costs .El 12s. 6d.; H. A. do Latour v. John Stevens, >£4 45., costs 10s.; .Wellington City Council v. Lydia 1 Taylor, £i 3 163. '4d., costs 175.; same 7. Adelaide Price, J25 2s. 25., costs Bs. and Wellington Timber Co., Ltd., v. Wm. Aubrey, ,£8 Os. 7d., costs cfil 3s. Gd. v , . ;

: JUDGMENT SUMMONSES. W. F. Tibbutt was ordered to pay Gamble and. Son J2l 4s. by. April .10; Edward Wm! Oliver: to pay Eosse Bros. .£3 14s. by April 10; Samuel Lawler to pay Harry Baker ,£3 17s. by April 10; John Moffatt to pay Henry Wright ,£l4 Is. 9d. by April 10; Chas.'E. Storie to pay E. W. B. Hornabrook i£2 lGs. by April 10; and Ciins. E. Storie to pay. Frederick Henry Irwin 10s. by-April-10. i *

RENT OF STABLES. • ' (Before. Mr. W. G. Riddell, S.M.) 'Arthur Bolton, claimed .£l3 11$. sd. Os ient due by A. T. M'William for stables in CouTtenay Place. Mr. W. L. Rothenberg appeared for plaintiff, and Mr. J. J. M'Grath for tho defendant, Tho stables, it was stated, were in a building which wos oondemnfd by tho city authorities, : and\M'William. de'cliji«l to pay tho ordinary rental (X 2 per week) during- the latter jmrt of tho tenancy. Judgment was given for the plaintiff for .£8 155., .£8 of which had been paid into court.\ • ~ .

BONA FJT?B BUT UNSUCCESSFUL: ■ E.. W.' Mills and Co. proceeded against Poter Connell for .£3 17s; 3d. as for goods sold and delivered. Mr. H. F. Von Haast appeared for ths plaintiff/and the defendant conducted his case in person. After .hearing evidence, his Worship remarked that defendant was no doubt acting .bona fide, but . tho Court's' decision must be in favour of plaintiff for the amount, claimed and costs. ,

' POLICE CASES, (Before Mr. W. G. Riddell, S.M.) STOWAWAY ON AORANGI. . Charles Bloom was found guilty of having travelled between Sydney and Wellington on the Aorangi without paying his fare. . , Ho was remanded till to-day for sentence. ' i. It was stated that Bloom 'had ,£3B os. 7!<l. in his possess' oil when searched. For insob'ioty, Nora Nugent was fined 55., Joseph Harvey 10s., Michael Scullion .£2 and prohibited, John M'Carthy £'i, end John Kilmartin 10s.