MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1791, 2 July 1913, Page 5

MAGISTRATE'S COURT.

' "RATHER TRAGIC." EVENTS AT GROSVENOR HOTEL. THE WOMAN'S CLAIM. "Eather; tragic this story," was the observation of Mr. P. J. O'JJegan in' opening the case (in the Magistrate's Court j-esterday. morning) ;in wnich May Patterson sued. Samuel Francis 'Aitken for X6O as money lent on or about June 21, 1900, and not; repaid; Mr. O'Bcgan was for plaintiff, and.Mr. T. M. Wiltord for tha defendant. . ' The parties, continued Mr. 0* Regan, lived together for spine time as husband and wife, and in March, 1609, they went into the Grosvenor Hotel, Wellington, of ivhicli house Aitken became"the licensee. They were in this house until it was closed, by tho effect of the licensing poll in -June,. 1909. The plaintiff's case was that she banked .£76 7s. lid. On June 21, at Aitken's request, she got the money from the bank and.advanced him .£6O. Aitken was always promising to marry Miss Patterson, and he usually' introduced her as his wife. They subsequently quarrelled, however, and' Aitken manned someone else. His client then sought to recover the -£60, but was refused it, and hence the. proceedings. May Patterson then gave evidence on the lines indicated in her solicitor's • j . In reply to questions by Mr. Wilford, witness said that Aitken had never accused her of "taking" money out of his bag wliiile .they were in the Grosvenor 1 Hotel. A certain sum of .£IOO (out of which thoir expenses to Auckland were paid) was borrowed by her at Aitken's request from a friend named Wright.> Air. Wilford said that the deiewlant would'totally deny tho story. The whole amount of wages which'Aitken received whiie in thci Urosvenor Hotel was' .£48,and yet, during that timo, Miss PatterEon banked .£60.. Aitken' began missing -sums of money .out of his brief.bag, ana out of tho till. Ho charged Miss Patterton with the theft of the money which he had missed, but sho denied having taken it. The pair quarrelled, and Aitken demanded the X6O, saying that Messrs. T. and W. Young were threatening proceedings against him respecting an unpaid account.. Finally she handed him the. money, and he passed it on to Messrs. Aitken gave evidence on the lines- indicated in Air. Wilford's address. Dr. M'Arthur, S.M., who heard the case, reserved judgment. • * "THE BUTTERFLIES." THEATRICAL MEN GO TO LAW. Fred. M'Crea, concert agent, claimed ,£G2 10s. 9d. from C. I!. Bailey, theatrical manager, as a balance alleged to bo due for paper and printed goods supplied, and printing dono, and he furtlior olaimcd

.£29 175., which•' represented 10 per cent, ol' the gross proceeds of lliobutterfly Concert Company's Wellington '.performancos frohi J.une '.'3 to 23, ixitli days inclusive. ;Mri A; Dunn appeared for the plaintiff, and defendant's counsel was Mr, a. Blair. Plaintiff alleged that lie received Jill 95., which was 40 per cent, of tho'takings, whereas he was entitled to 50 per cent. Defendant counter-claimed , for sums totalling • .£l3l 18s. Bd. . Defendant said that in the'terms of the agreement between himself and plaintiff he was not required to supply limelight, but that ho had paid .£3O as: lOd. for this, an amount which be now asked should be -refunded. Defendant asked also for a refund of .£2O 12s. 4d., which he said was mistakenly paid to' plaintiff, by defendant's agent, in various small amounts. He claimed .£lB from plaintiff as half the wages of oertain orchestral' performers engaged in Auckland. Defendant alleged that he was entitled .to GO per cent of the gross receipts from the largo towns, and that he only received 50 per cent, for some. He, therefore, claimed the remaining 10 per cent.—<£ 63 os. 6d. Some evidence was heard by Dr. M'Arthur, S.M., and the case was then adjourned till 2.30 o'clock this afternoon. HUSBAND 4 WIFE. BUILDING SOCIETY SHAKES. The United Building Society • claimed from 1 : John and - M4ry J Searle .£SO as for money advanced. The plaintiffs alleged that on. October 24, 1912, they were induced to lend the . defendants ..£SO on the security'.of- six shares -in the society, which shareis were; purported to be transferred by -Mi's. Searle, m whose name they were held.. Mr. T. Young appeared for the, plaintiffs, Mr. .'E. P. bunny for Mrs. Searle. ind Mr. Cf. Samuel for Searle. Evidence'was given by the secretary of the society: to the effect that Mrs. Searle was a shareholder, in the society, and that some time last- year Searle (who is her husband) approached witness with a request for an-advance on theso shares (six in .number). : Searle 'said that he called on behalf of his wife who was ill and cooild not. make the request in person. , At' the request of witness Seaile procured a letter, purporting to be signed by his wife, .containing a formal application for the loan.' ' Searle "also; got receipt and transfer forms, and returned them as having been signed by. his .wife. Searle was handed a,cheque for, the amount, payable to ,Mk. ' Searle or bearer. Subsequently,; when Mrs.' Searle - was' communicated with, she said that she had no knowledge of the transaction. ■ In evidence. Searle said that he had his wife's, authority to sign her name, and. that he had always acted for her in business. The transaction in question was performed'- with his wife's, knowledge. He had signed his .wife's name to the original deed conveying the shares to her, and two-thirds, of the; money subscribed for the.shares was his; £9 12s. of the money advanced had: been used to pay. arrears of subscription to 1 the Mciety, and ,£4O to liquidator mortgage on ijneir house.. Mrs. "Searle deposed that she had no knowledge. of . the transaction, and had not given Searle 'authority to sign her name. ' -. . \ Decision', in ' the case was reserved 'by Mr. W. G. Eitldell, S.M., " ■ "\ • THE OTHER CIVIL ACTIONS. ', DAMAGES CLAIMED. ■ -Alleged damages amounting to £34 were claimed, {/y. Bros, frofn' the Shaw.Savill and Albion Company. Iho plaintiffs stated that a number of casks of zinc had been damaged in transit on board ship. Mr. A. Blair was counsel for the plaintiff, and Mr. M. Myers represented tho defendant company. . , After • hearing evidence, Dr. M'Arthur reserved decision. • MESSENGER & CLERK. Thomas C. Tester, messenger, Wellington, sued Patrick Lundon, a clerk in tho Valuation Department, Wellington, for ■CO 12s; "d., goods alleged to have b«en aoid and delivered. Lundon- counterclaimed XlO for procuring Tester employment. Mr. C. W. Neilson appeared for the plnintiir, and Mr. W. G. H. Baillie lor the. defendant. Mr. W. G., Kiddell, S.M., who heard the case, gave judgment for Tester on both' claim and counter-claim. NONSUITED. ■ Easson, Ltd., timber merchants, Kil.birnie, sued ''Alfred A.- Carson, commercial traveller, for i23'125., as a balance alleged to be due for timber and ironmongery sold and delivered. Mr. T. C. A. Hislop appeared for tho plaintiffs, and Mr. J,. J. M'Grath for the defendant. Plaintiff was nonsuited, on the ground that the account had been settled by tho payment of a promissory note. The case was takon before Dr. M'Arthur, S.M. UNDEFENDED CASES. In tho following cases judgment was entered for plaintiffs by default:—Field and Luckie ,v. Rangi, Mn'ru Maru, £88 2s. 9d.; ■Vcitch and.'Allah v. Michael'Demuth, JSo lis. Bd., costs ill 3s. Cd.; Levin and Co., 'Ltd., v. James .'"Rice, .£27 "13s. Gd.,, costs £2 145.; City. Corporation v. William Charles Huroombe,'>£7 6s. lid., costs Bs.'; John.Stephen v.. S..U. A.. Grut, M 165., costs .£l : 3s. Gd.; Kitto and' Son v. George Barkley Huxford, .63; 105.., costs 10s.; George Wonuocott v. A. M'Kechnie, .£2 55., costs 10s.; Clara A. Tregonning v. E. A. Schwartz, J215 195., costs .£1 10s. Gd. JUDGMENT SUMMONSES. T. J. Hamilton was ordered, to pay .£4 to James Smith, Ltd., by July 18.