MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1739, 2 May 1913, Page 9

MAGISTRATE'S COURT.

(Before Mr, W. Ct. Riddell, S.M.) CIVIL CASES, OVERPAID MONEY OR NOT? Before G. Eiddell, S.M., at the Magistrate's Court yesterday Francis London, settler, and Petherick and -Jilachell, solicitors, all of Wellington, claimed from Frank Shaw, chemist, of Wellington, the sum of £21 95., in respect to a salo of land effected by plaintiffs. ■ ' - The statement of claim set forth that during the months of December, 1911, and January, February, and, March, 1912, Petherick and Machell acted as solicitors and agents for the plaintiff, F. Ixmdon, and for the defendant, in the carrying out of the sale of certain' oity property. On completing the transaction (on or about February' 9, 1912), Petherick and Machell overpaid to defendant the sum of J225 Os. Bd. Plaintiffs therefore claimed that amount and interest [£2 Bs.' 4d.). : For the defence it' was contended that the account was between Shaw and London,'and no monoy was on;ing to plaintiffs and Machell. ' Shaw had never instructed Petherick and Machell to act in connection with the transaction. Mr. Putnam, who tho plaintiffs, asked to have F. London's name struck out.

Mr. Fitzgibbon (for the defendant) agreed to this, provided that his Worship reserved'tho question of costs. 1 His Worship agreed to the proposal, and, after hearing evidence, reserved his decision.

UNDEFENDED CASES. . Judgment by default was given for plaintiff in the following oases heard before Mr. W. G. Riddell, S.M., at the Magistrate's Court yesterdayl).l.C. v. Mrs. R. D. Scott, £1 165., costs 10s.; John Beveridge v. Evan D. 'Lewis, -''Ui 12s. Bd., costs JSI 10s. Gd.; Christina Cook v. Patrick 1 Maloney, <£1 Bs., costs 75.; A. E. Fitzgerald v. Wm. Reynolds, .El 15s„ costs 75.; A. W. Scouliar v. Chas. Bird, oEll lis. Gd., costs XI 10s. Gd.; Alcock and Company v. Nellie St. Ledger, £9 3s. 6d.'. costs .£1 3s. 6d\; Voitch and Allan v. E..J. D. Bcnge, ,£2 15s. Ed.,.costs 10s.; Bannatyne and Hunter v. Henry Mayr, X 32 18s., costs £'i 75.; Patrick Francis M'Eveily v. Wm. Lonerghan, .£l7 2s. 6d., costs J22 9s. Gd.; Ernest Kawson v.' Walter Lawson, J3 35., costs lis.; Wellington Loan Company v. A. F. Newbold, JM 65., costs 10s.; H. Price and Co., Ltd., v. Jonas Kingsbeer, £2 3s„ costs 103. i Gordon and Gotch Proprietary, Ltd., V. T. H. Richards, ,£4 Bs., costs 10s.; E. J. Hyams, Ltd., v. J. M'Doiinell, £5 os. Gd., costs i£l 3s. Gd.; Joseph Nathan and Company v. Amalgamated Society of Engineers' Co-operative Society, costs £1 75.; Wm. George Fitchett v. Wm. Peterson, .£3 3s. Gd., costs lis.; C. H. Harris and Co. v. J. Jackson, £2 15s. 2d„ costs 135.; W. Wiggins, Ltd., v. J. Nicholson, iC'i ss. 4d., costs 10s.; same v. M. L. Millett, '.£5 i7s. Gd.. costs cEI 55.6 d.; same v.' B. Godwin, 16s. Gd., costs Bs.; samo v. D. G. Dickson, ',£4 Is. Gd., costs 10s. j Thos. M'Whirter v. E. W. Lucas, ,£22 17s. Gd., costs i! 2 145.; Ida Ellen Munn v. Arthur Thos. Munn, =C 5, co/fs .El os. Gd. ' JUDGMENT SUMMONSES. W. N. Ward was ordered to pay JBI 12s. to Thos. Hoi-ton, Ltd., by .May 15; W. R. Collett was ordered to pay G. Clark .El 4s. 9d. by May 5. POLICE CASES. The following drink eases wero dealt with by Mr. W. G. Riddell, S.M.Minnie M'Neill and Gibson M'Kay wore each fined 10s.; Michael Perry M'Pherson and James Breen each 20s. John M'Donald was ordered to pay medical expenses, amounting to 17s. 6d. One first offender was fined 10s., and another ss.