MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1733, 25 April 1913, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, 5.11.) * OIL-LAUNCH DEAL. ' "INNOCENT MISREPRESENTATION." In the. Magistrate's Court yesterday, judgment was delivered by Dr. A. M'Armur, S.M., in the case ol' Henry Pratlcy v. Axel Petersen, Richard M'Leod, ami (lames Everett..' In tho statement of claim, plaintiff set out that, in July, 11)12, ho agreed to purchase an oil launch for fishing at I'aruparaumu. The -launch was represented as being six years. old, and tho engine was falsely said ' to be an 8-h.p. 2-cyclc Palmer'cil-ensiue. The purchasemoney was to be JC9f). Petersen agreed to take plaintiff in tho boat to Paraparuuuiu, and, pu thp voyage, the boat broke down off .Terawhiti. In spite of numerous efforts they had nut-since been ablo to drive the- engine. . Tho boat was, lii fact, twelve . years old,, and the engine lonly 2-h,p. Plaintiff, therefore, sought to recover .£95 (the purchaso-iuoney), with 5 per cont. interest, nud XlO as gcueral damages, for breach of contract. The defendants counter-claimed for .£35, with 18s. Sd. interest, money lout during tho transaction.

Mr. Jl. I'. Luckio appealed for Urn •plaintiff at the hearing, uiid Mr. P. J. O'Regan. (or. the defendant. In the course of his argument, Mx. O'Regan contended that, if there had been misrepresentation-, it had- .beeii innocent, and tho Court had no jurisdiction to rescind.'a oontract on the ground of;innooent misrepresentation. unless thero had been a total failure of consideration.. It . was truo that no less an authority than Sir William Anson had taken tho oppositeview, but Sir William's statement of tho lav, - had been unanimously over-ruled by the New Zealand' Court of Appeal. His Worship found that if there had been a.mistake it had.been an.innocent one,' and-as such, gave 'BO 'power.-to''tho plaintiff to rescind his contract.' Judgment was, therefore, for tha defendant oil both the claim and tho counter-claim, with costs, -but without .interest.

CLAIM FOR TEN FOUNDS.. Charles Hiilhouse, cliairmaker, Wellington, proceeded against Joseph Sinclair, carpenter, Wellington, claiming J!10 which ho said was due to bo refunded to liini under an agreement respecting the building of a jnotor launcli. Mr. J. Dickson appeared for the plaintiff, and Mr. P. W. Jackson for the defendant. Evidence for the-plaintiff was heard, and the case was then adjournal till to-day. UNDEFENDED CASES. In. tho following cases judgment was entered for the plaintiffs by'default:—C. Pratt and Co. v. W. F. Dines, £i 25., costs .tl ]os.; 'i'ravers, Russell. autl Campbell v. Clara Yevcx, Jilß.ss. (id., ami .£1 15s. Gd.; C.. Pratt and Co. v. 11. Kerr, 41t5 lGs. 6d., and .£1 7e. Gd. j P. Pratt and Co. v. P. E. Tilyard, JBI3 10s., and JEllOs. Gd.; Townsend and Paul, Ltd., v. Mrs. M. | Prince, 10s., and 55.; Seoullar Co., Ltd., v. 31. E. Smith, 9s„ and £2 lis.; Van Staveren Bros. v. L. W. Brown, .227 10s. 3d., and JEI 3s.j D.I.C. v. W. J. O'Neill, «C 2 Is., anil 10s.; Wellington Timber. Co., Ltd., v. Alexander J. Bell, .£lO5 Is. 3d., (ind ,£5 lis. Gd.; and J. B. Finlay v. A. W. Ilayden, .£l2B, and .-£6 Is. , ■ JUDGMENT SUMMONSES. G. C. Reynolds was ordered to pay the W.F.C.A., Ltd., JCI 9s. 5d., by instalments of 2s. Gd. per week. C. H. Bird was ordered to pay Richard Matulsley i2B 10s. Gd. by May 8. BREACH 'OF AWARD. 11. iniiis and' Sons, carriers, were fined' £2 for-.failure to provide time books fqr drivers in their employ. POLICE, LIST. (Before Mr. W. G. Eiddell, S.M.) "UNSATISFACTORY EVIDENCE." William Mundy appeared •on remand charged' with having stolen .£5 from Thomas Hunter on April 9. After hearing witnesses his Worship said that the evidence was so unsatisfactory that he would dismiss tho charge. . . Mundy left tho Court, and, was almost immediately rearrested. Ho was taken before the magistrate and charged with having assaulted William Hall in Christchurch'on April 10 and robbed him'of ,£2l j 10s. On this information he was remanded to appear at Christchurcli • to-day. Bail I (=5100) was allowed. GLTN HAZEL'S EXPLOITS. Glyn Ivor Hazel, who is awaiting sentences of the Supremo Court on three charges of breaking and ejitering, pleaded guilty to a charge that he had broken and entered the shop of Frederick Joseph Glackin at Levin and'stolen JBI3O worth of jewellery. He was- committed to the Supreme Court lor sentence. THE RECEIVER. Thomas Darroch. who plpuded guilty to having received *W!9 worth of the property which Hazel stole, was also sent to the higher Court to be dealt with. TEN CHARGES OF THEFT. W. J. C. Fuller and Arthur C. Fnrzor were convicted of having deserted from the steamer Rotorua. They were ordered to appear for sentence when called on. (in a charge of the theft of Jd3i !os. from Guippe de Stefano they were committed to the Supreme Court for sentence. There were nine other charges of theft against the pair, and on all of these they were remanded till to-morrow. CONSTABLE'S TOP COAT. James Brecn was convicted of having damaged an overcoat worn by Constablo Hardy, and wns ordered to make good tho damage-