MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1779, 18 June 1913, Page 5

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) OVERCOAT & HAT. At the Magistrate's Court, before Mr. W. G. Kiddell, S.M., yesterday, Percy A. Fabian, was charged with, stealing one overcoat, and one felt 'hat, valued in all at £i 2s. Gd. The articles were the property of Michael James O'Malley. On the application of Chief-Detective Broberg, accused was remanded until this morning, bail being allowed in the sum of JCIO, and one surety of .£lO. CHARGES AGAINST YOUTH. Arthur Harold Sergeant, a youth, was charged with stealing (at Auckland) one sac suit, one pair of trousers, a fountain pen, and a pair of kid gloves, valued in all at Xd 15s. The poods were the property of James A. Williamson. Accused was remanded until Friday, bail being allowed in tho sum of £10, and one 6uroty of £10. WORKMEN QUARREL. Geo. Schmoll, who was represented by Mr, Smith, pleaded guilty to a charge of common assault on Leonard Claudo 'i'rav#rs. Mr. Beere appoarod for the complainant. Evidence was given to tlio (fleet that accused and complainant were fellowemployeos in a workshop in Riddiford Street, and, on Saturday last, the latter used corlain language, with the result that accused struck complainant two blows in tho face. Counsel for accused contended that the blows were only light ones, but Mr. Beere stated thnt accused had come up behind his client, and struck two very hard blows, thereby committing a cowardly assault. His Worship fined accused 205., and ordered him to pay costs amounting to ill 13s. OTHEE POLICE CASES. For being found under tho influciico of liauor. whilst-ia fibwgs of a horss-wi

cart, Georgo Boyd was fined 1(R, in default -IS hours' imprisonment, and was made the subjcct of a prohibition order. For insobriety, Arthur A. Granger was fined 405., in default three days' in gaol. Alexander Thompson was fined 205., in default three days' imprisonment. Kate Sweeney was fined 10s. for insobriety, and was ordered to pay the value of a policeman's helmet (10s. Gd.), which' £he had damaged. Tho default was 48 hours' imprisonment. CIVIL BUSINESS. (Before Dr, A. M'Arthur, S.M.) DISTRESS & REPLEVIN ACT. Dr. M'Arthur delivered reserved .iudgment in tho caso Scanlon (Mr. v » Cosey and another (Mr. Atkinson). I? roin the proceedings it appeared that planum had rented a shop on tho 31am lioad, Lower Hutt, from tho defendants, at a rental of 27Gd. per week. As planum was indebted (in March, 1913) to tho defendants in the sum of 2s. 6c1.» for rent, the defendants took possession oi the shop and (it was contended) illegally seized the stock and fittings and sold them for a price much lower than their value. Tho defendants had failed to observe oertain provisions of the Distress and Replevin Act, 1908. The goods disposed of were of a valuo of «£75 Plaintiff sought to recover <£94 19s. His Worship held that when defendants took possession of tho shop they should have proceeded for distress in terms of tho Act mentioned. As it was, they not oiily disposed of the goods wrongfully, but sold them for less than value. His Worship considered that .£SO was but a fair value for tho stock and fittings, and ho was prepared to allow plaintiff ,£ls as general damages, making a total of .£65. "Tho defendants," continued 1 his Worship, "had evidently been good landlords, and ho would allow them tho amount of the rent owing (<£29 10s.) which; would be deducted from the '.£65." Judgment would be for plaintiff for «£35 10s., with costs. , DAMAGES TO A SOUSE. Reserved decision was delivered by Dr. M'Arthur in a case in which William Hayland, cabinetmaker, proceeded Against John Wallace Easson and Percy Goo. Easson, timber merchants, to recover tho, sum of £140 15.,, by way of damages, loss of rent, and estimated cost of repairs to a house, taken, over by him. Defendants, it was claimed, had negligently omitted to do certain, work on the Toof in accordance with a certain agreement. - His Worship found that tho state of the houso was principally <lue to neglect on tho part of Hayland himself, but tho defendants ■ had committed a breach of their agreement by not having the roof attended to. For this breach of agrees ment Hayland would bo awarded nominal damages to tho amount of .£lO. Mr. A. Fair appeared for tho plaintiff and Mr. M. F. Luckio for the defendants. THE THEATRE CHAIRS. (Before Mr. W. G. Riddoll, S.M.) Van Staveren Bros., Wellington, sued the Hercules Burloigh Manufacturing Company, Auckland, for the sum of *£3G Gs. lOd. Plaintiffs claimed that by agreement with the defendant Burleigh, they had been appointed solo agents in Wellington and various other districts, forthe sale of the Bickford hygienic springseating. The defendant agreed to allow plaintiffs a commission of 5 per cent on the sale of ono kind of seat, and 10 per cent in respect of an alternative type. They (plaintiffs) therefore claimed commission at the rate of 5 per cent on 1006 chairs supplied to Williams and Co., and a: the rate of 10 per cent on 1132 chairs supplied to J. Fuller and Sons. Defendant disputed the claim on tho grounds that the plaintiff was not entitled to more than 21 per cent commission, but admitted liability for .£3O Ms. 7d., and also counterclainicd for the sum, of £18 13s. 9d. for goods supplied. The plaintiffs admitted liability for <£42 19s. 2d., but disputed tho balance. Mr. T. C. A. Hislop appeared for the plaintiffs and Mr. H. Buddlo for tho defendants. ' Tho case was adjourned until to-morrow. RENT OVERDUE. Ferdinand Holm, retired mariner, of Wellington, claimed from Mrs. .N. A. Nattrass, of Ohakune, the sum of .£2l 17s. Gd., as arrears in rent. Mr. T. C. A. Hislop appeared for the plaintiff. Defendant was unrepresented. After hearing evidence his Worship gave judgment for plaintiff for .£l9 7s„ with costs amounting to <£2 7s. CLAIM ON AN OEDEH. (Before Dr. A. M'Arthur, S.M.) Moncrieff and Young, ironmongers. Customhouse Quay, proceeded against George Bevan, settler, of Manakau. _ Mr. Fitzgibbon appeared for the plaintiffs, and Mr. Evans represented tho defendants. Plaintiffs claimed tho sum of .£SO, being the amount expressed in an order given to tho plaintiffs on defendant by Daniel Nees, on or about August 24, 1911. The order was to the effect thai defendant should pay to plaintiffs the sum of .£SO out of moneys thendaie by tho defendant to Daniel Nees. Notice of tho order had been given by tho plaintiffs to the defendant and tho latter had agreed to pay tho amount expressed therein. The case was adjourned si no die. DEFAULT DEBT LIST. Judgment by default was given « for plaintiffs in tni following undefended cases:—Wellington City Council v. Frederick Henry PitcTier, .£2 13s. 8d„ costs 10s.; A. E. Kcrnot, Ltd!, v. Walter C. Tully, .£3 35., costs 145.; J. G. Eaine and Co., v. Frederick Tuck, Jl Os. 10d., costs Gs.; E. G. Dun and Co., v. Emma Johnstone, i'B 14s. lid., costs »£1 3s. Gd.; Wellington City Council v. Shirley W. Parker, £9 2s. 9d„ costs £1 3s. Gd.; Griffiths and Co., Ltd., v. Miss L. Marshall <£9 10s., costs .£1 3s. Gel.; Wellington Publishing Co.,' Ltd., v. College and Strutt, £- 15.., cost-? 18s. Gd. ; Wellington Publishing Co., Ltd., v. T. W. Hackett ond Co., ,£27, costs £2 45.; Wm. Hughes Field, v. Eiki Kahui, £2 25., costs £1; E. D. Hanlon v. Wm. Cox, 14s„ costs 55.; C. and A. Odlin Timber Hardware Co., Ltd., v. George Heitry White, Jill 15s. 5d., costs ,£1 lis. Gd.; Maria Thornton v. A. L. Lem, £8 4s. 9d., costs *£1 3s. Gd.; Milne and Choyce, Ltd., v. Hoy J. Potts, .£1 os. Gd., costs 55.; the Stewart Timber, Glass, and Hardware Co., Ltd., v. Win. Ward. ,£ls 15s. 4d., costs 155.; Rosenberg and Co,, v. Arthur Edward Schlciger, £i 15s. Gd., costs 55.; Wellington Federal Club v. H. M. Mullins, 165., costs 55.; Easson, Ltd., v. Arthur Reade, .£2l lGs. 5d.. costs ,£1 35.; Charles Gardener v. Harrj; Matthew Stowell, .£7 Gs. Id.; costs £1 3s. Gd.; Dunlop Rubber Co., of Australasia, Ltd.. v. A. E. Bourne, ,£9 18s.-2d., costs £1 Gs. Gd,; S. and W. Mnckay v. Henry Matthew Stowell, <£2, costs 10s.; Morrison and Penny v. H. Baker, £6 10s., co?ts £1 3s. Gd.; C. M. Banks, Ltd., v. King and Co., ,£6 Gs. Gd., costs £t 3s. Gd.; Wm. Watson v. Walter G. Williams, ill 12s. Gd., costs .£1 10s. Gd.; Field and Luckie v. Fiancis Wm. Nelson, .£4 10s., costs 10s.; J. Rod»and Co. v. Jano Wilson, .£4 IGs. 4d., coses lis.; Wellington Publishing Company, Ltd., v. Bowater and Co., «£lO lis. Bdi, costs £i 10s. Gd.; Wellington City Council v. Win. Wynne Parke and Harry Baker, JCB 155., costs Gs. • JUDGMENT SUMMONSES. Fred. Wm. Thompson was ordered to pay JCG to Gnllate Bros., before Julv 1. Henry Joseph Clements was ordered to pay David Wilson .£2 before July 1. George Waddle was ordered to pay F!orcrce Goodey the sum of £2 Is., beforo July 1. May Stewart was ordered to pay tho Wairarana Butchery Co., the sum of ,£8 Is. 9d.. before July 1. E. M. Campbell was ordered to nay James A. Duhcrty tho sum of .£2 beforo July 1. .