MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1797, 9 July 1913, Page 5

MAGISTRATE'S COURT.

THE GRO.SVEN.OR. HOTEL CASE. ■ ' AITKBN'S STORY. MAGISTRATE DISBELIEVES IT. May Patterson's claim for the recovery of £B0 from Samuel Francis Aitken has been upheld by Dr. M'Arthur, S.M. Judgment in the case was delivered by his Worship in tho Magistrate's Court yesterday morning. Tho sum in question was said to have been lent in June, 1909, and ndt since repaid. His Worship said that the case was an unfortunate one, and it disclosed the-fact that the defendant and the plaintiff had lived together as man and wife. Aitken, asserted that Miss Patterson stole the money from a brief bag in which he kept tho takings of the Grosvenor Hotel. "Moreover/' continued his Worship, he I says that he wanted to marry the plaintiff, j but. she would not. 1 must certainly de- ; cline to believe this statement, as tho plaintiff was mother of the defendant's , child. Should I refuse to givo. judgment for the plaintiff; I must believe' heirnrst to have been a thief, and second to have committed perjury, and this, on the unsupported evidence of the defendant. I am not prepared to believe two such charges on the simpie , evidence of ono , person, such evidence being in no way supported. I do not intend to open up the unsavoury details of the case. Judgment is for tho plaintiff, with costs." CLAIM ON SHIPPING CO. Decision in favour of tho defendant was given by Dr. M'Arthur, S.M., respecting Ballinger Brothers' claim against the Shaw, Savill, and Albion Co., Ltd., for JC34 respecting eight cases of zinc which were alleged to havo been damaged in transit between Antwerp and Wellington. After discussing the wording of the bills of lading, his Worship said: "In iny opinion, as the consignee lias failed to prima facie negative inherent vice of the goods, and ha 3 not shown that tho damago was obviously duo to an external cause within tho control of the shipowner, ho cannot succeed."

INSPECTOR NON-SUITED. Rowland Thomas Bailey, inspector of Awards, claimed for a penalty against the Wellington City Corporation for an alleged breach of the Carpenters' Award. The matter concerned the payment of men who were engaged in boxing for concrete, a class of labour which the inspector contended was "carpenter's work." When tho inspector closed his case, Mr. J. O'Shea iOitv Sol f citori asked for a

non-suit, on the ground that there was no proof as to what wages the men in question were receiving for the work referred to.

i ; Dr. M'Arthur, S.M., granted a nou-suit. j: ilr. Bailey remarked that this would !'jmerely entail going over the case again. ARCHITECT'S BILL. In the ease of C. T. Natusch and Sons, architects, v. H,. B. H'Grath, a claim for .£l9 for plans and specifications for a house, Dr. M'Arthur, S.M., entered judgment for tho plaintiff for the amount claimed. HOTEL TRANSACTION. Judgment given by Mr. W. G. Riddell, S.M., in favour of T. and W. Young, of Wellington, respecting a claim for ,£Bj Is. 3d. made against them by one Duncan, of Westport, concerning a hotel transaction. UNDEFENDED CASES. In tho following eases judgment was entered by Dr. M'Arthur, _5.11., for the plaintiffs by default:—Empire Boxmaking Co. v. Catherine Patterson, i£G 3s. Gd., costs .£1 3s. Gd.; Magnus, Sanderson and Co., Ltd., v. Athol Coleman, 55., costs 55.; Wellington City Corporation v. David P. Cullman, .£2 7s. 4d., costs 55.; same v. Kato Blick, .£3 lis. 3d., costs 55.; Daniel Alabaster v. Walker Taylor, £1 55., costs 55.; Spencer George Radford y. Thomas Anderson Walker, .£3 155., costs 10s.; same v. Harold Albertson, jun., J3ll 125.,' costs 155.; R. G. Knight v. Frederick Fredrico, costs only 55.; E. Reynolds and Co., v. A. E. Bourne, ,£55 ss. 2d., costs JU.Os. Gd. JUDGMENT SUMMONSES. Joseph James Moore was ordered to pay Field and Luckio .£4 Bs. Gd. by July 22; Walter Taylor to pay D. Lloyd Clay £i 13s. by July 22; and Isaac Clark to pay Gollin and Co. .£2O 12s. 3d. by July 22. RENT & POSSESSION. George Henry Baylis clnimed for rent (£2 145.) and possession against William Andrews. The claim was allowed by Dr. M'Arthur, S.M. POLICE BUSINESS. Mr. W. G. Hiddell, S.M., dealt with tho cases brought by the police. Tcrrance Smith was fined 411 for insobriety, and Victor Reginald Haslem was fined i!l for having been disorderly while drunk.