MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1805, 18 July 1913, Page 5

MAGISTRATE'S COURT.

- "LOST RECEIPT" , . :j CONFLICT WITH STATU OFFICE. I • Further hearing of the case in which the State Guaranteed Advances Office proceeded against James H.'Colpus, of Khandallah, for two instalments-, of ..£lO 10s. each, duo on a mortgage, was taken' yesterday. The defence was that the.j amount had been paid and the' lost. Mr. H. If. Ostler prosecuted! and'l Mr. T. Neave defended. Colin Campbell Murray, civil servant, stated in evidence that if the slip had been lost the cash would not have balanced. . . ' Defendant stated that almost every' week he put by some money to meet the instalments duo to the State Guaranteed Advances Office. When the instalment became duein September, 1912, he borrowed ,£2 from a friend to make up the instalment due. As ho was* at work in Wallac? Street, he left the money with his wife'to pay the instalment. He afterwords asked her if she had paid, and she gat up and cave him hrr, purse. He opened tne receipt and put it in a pocket of his working clothes. He. thought nothing further about it till his wife handed him a notice, dated December 2, requesting payment, and he at once replied stating that the amount had been paid on September 18 and that some mistake had been made. The next notice fio received was rnrly in the new year. It referred to a letter sent to him on December 17, but he had rj?ver received the letter- Subsenuentlv he and his wife went to the omce and asked that ho might see Mr. Campbell, tho superintendent. ITe was told that he must see the deputy superintendent, and he saw Mr. Waddel.l. Witness stated his case to this officer, and he said: "I will Poon A* ""S U P' an " through the door at the back of the office Mr. Wnddell then said, "I'll see, Mr' Colpns, tlmt there is some trouble about this. You have , not replied to a letter of December 17." At this stage further hearing was adjourned.

TERMINATED ENGAGEMENT. Alfred Montague Alexander, farmer, Tx>weT Hutt, proccltded against the Wnwke'g Bay Fruit Growers' Company, Ltd. for the sum of <£6 2s. Bd., due to him under contract, and .£SO damages. It was set out that tho company had agreed to employ plaintiff as canvassing reprein Wellington for the months of Star, 1912, and January, February, Mnrch 1913, at a'certain commission. During December plaintiff obtained certain- orders, and thereby became entitled to commission and expenses, which, however, the company declined to pav In January the company dismissed him without notice. He, therefore, claimed • jE6 2s. Btl. due to him under contract.

and .£SO damages in consequence o! the termination of his engagement. Mr. Blair appeared for the plaintiff, and Mr.. Myers for the.defendant company. Mr. Blair stated that plaintiff had with two exceptions worked for the company each season for six or seven years, and on each occasion lie had worked for tho complete season. In January this year lie received a letter from Mr. Martell, the niew manager, advising him that the volume of business done did not warrant a continuance of hi 9 services, and terminating his engagement. The letter also recognised tho conscientious efforts cf plaintiff. Mr. Blair add'ed that plaintiff could not 'get a lcoy to their post office letter box from the company, and the result was that he might not have seen all the orders that came in, tho lettas being opened by another person. _ Plaintiff gave evidence hearing out counsel's statement. He complained that the Hawke's Bay Fruit Company were very dilatory in sending out orders. S. Martell gave evidence to the effect that whisn he discussed the matter of his appointment with plaintiff, ho made two things clear —(1) That ho could not pay any salary, and (2) that any arrangements must be tentative. Plaintiff raised no objection. Judgment was reserved. DOUBLE-BARRELLED ACTION. (Before Mr. W. G. Riddell, S.M.) . Frank Hodgson, indentor, of Wellington, brought two actions against Jolin Moran, dealer, of Wellington, beiwe Mr. W. G. Riddell, S.M., at.the Magistrates Court yosterday. In thv . first action, plaintiff claimed £3 10s. "2d., being the value of tweed supplied to defendant. The defence was that thO t defendant had not received tho full length of tweed charged for. The defendant, ' howevsr, admitted liability for .a sum of- 9s. 9d. His Worship gave, judgment for plaintiff for 10s.. arid costs 6s. , . ,V • In the second action plaintiff claim* A to recover from defendant the sum .£32 13s. sd. for worsted goods alleged to have been imported to the order ot defendant. The defence was a complete denial of the contract. Plaintiff had asked defendant to purchase certain jjoods, some fourteen months ago, but defendant had refused to accept same on grounds that they were not ordered, by him., , . Mr. Dunn appeared for the plaintift in both cases, and Mr. Dickson for defendant. After hearing, the evidence his Worship reserved decision. -JUDGMENT BY DEFAULT. Judgment by default was given olaintift's in the following undefended cases:— Charles Hill and Sons v, G. M Gregor, JU2B 15s. 10d., costs .£!) is.; Atlas Biscuit and 'Confectionery Company v. \\. .H. Newman, ,£7 4s. lid., costs 125.; Wellington Operative Bakers' and Pastrycooks Union v. W. J. Harris; .£1 7s. Gd., costs 55.; Mary Green v. John Apperley, £7, costs 3s. 6d.; Enlpire Loan and Discount Co. v. Susan Dorees Williams, 6s'. Id.-, costs M 65.; Hat, Box, and Mercery Co. v. John Stevens, »E1 7s. lid., costs 55.; Commercial Agency v. Martha Jane Howe, £i lis. 3d., costs Bs.; W. and G. Turnbull and Co. v. W. Delaney, £1 10s. 2d., costs 55.; New Zealand Express Go. v. P. Hump, 10s. 9d., costs 55.; Forde and Co.'v. R. J. Ferguson, £1 2s. 6d„ costs 55.; J. 0. Bradley v. A. Stevenson. £1 Bs. 7d., costs Jil 3s. 6d. JUDGMENT SUMMONSES. Ernest L. Bott was ordered to pay W. and G. Turnbull and Co. .£32 18s. id. by July 31, in default one months' imprisonment in New Plymouth Gaol. • H. L. Jenkins was ordered to pay i 2 19s. lid. to W. J. Hart by July 31, or undergo three days' imprisonment. Frederick Davies was ordered to pay the' City Corporation ,£3 2S. 6d. by July 81, : or'in default three days' imprison•ment. POLICE COURT CASES. (Before' Mr. W. G. 'S.M;) At the Magistrate's Court yesterday Arthur S., Shearman pleaded, guilty .to a charge of'attempting to commit suicide.' Inspector '. . Ilendrey stated that the unfortunate man attempted to take his life by cutting his throat. Ho had been in the ' hospital since June 25 and he was not even now in a fit condition to be allowed to go unattended. The inspector stated that a friend of the accused was willing to look after him until he was able to work. After warning accused of the serious nature of the offence, his Worship entered a conviction and ordered him to come up for sentence when called upon. Ho was allowed three months in which to pay JH 10s., medical expenses incurred. . i OTHER. CASES. Peter Anslow was remanded to July 23 on two charges of theft. The charges were: (1) Theft of .£l2 ss. lid., belonging to Joseph Wallace; (2) theft of one metai watch and chain valued at 20a., the property of Wn. Charles Parker. . v A plea of guilty was entered by Joseph Johnson when charged with stealing two pounds of tobacco, the property of Leong Chong. Ho was sentenced to 21 days' imprisonment, 'and was also made the sub- . ject of a prohibition order. Andrew M'Grath was' lined 10s. and costs 4s. for stealing a quantity of bacon, a bottle of oysters, and a piece of steak, the property of E. Gallate. For insobriety' Rebecca M'Laughlin was sentenced to one month's imprisonment. , Mary Johnston was sent to-gaol for . one nionth for escaping from the Salva- ; tion Army Home.