LAW REPORTS.

Dominion, Volume 6, Issue 1817, 1 August 1913, Page 3

LAW REPORTS.

LOWER COURT. THE FACE VAIHE OF EVIDENCE. MISSING RECEIPT. HONEST TESTIMONY WINS CASE. Some little time ago the superintendent of the Now Zealand State Guaranteed Advances Office proceeded against James Hairy Colpus, to recover payments on a mortgage held by tho Department. Tho original claim was for two instalments of l(b. cacli, due on September 4, 1912, and March 1, 1913 (or J:2l in all), but this was reduced to -Gil 7s. by the payment on account, on March 18, of n sum of £1 13s. The back history of the case is briefly as follows:—On March 15, 1910, defendant obtained an "advance of =£350, which was to bo repaid by half-yearly instalments, tho first of which was duo on September 5, 1910. . Tho defendant paid the first four instalments, but on September 18, 1912, ho sent Mrs. Colpus to pay tho fifth. In giving evidence, Mrs. Colpus slated she had paid tho money to Mr. Prichard. He, however, had. no recollection of the transaction, and there was no trace of it in the office records. On tho other hand, defendant, though

alleging that the money had been paid, was imnblo to produce the receipt. Ho stated in cvidenco that it liad been lost..

"I have been impressed," said Dr. M'Artlmr, S.M., in. giving his decision,

"with the frankness and honesty of tho witnesjes on both sides, each and all of whom gavo their evidence in a straight-

forward manner. I think that the instalment has "been paid,, but (by some means or other unknown) the office record

lias boon lost. I don't pretend to explain liow this has taken place. To be-

lievc otherwise would I>g to believe that Mrs. Colptis planned most cunningly, to protend to pay this money, to tell lies over it to her friends, and to use it for her own purposes, unknown to her husband. On heaving her evidence, and seeing her when she gitvo it, I cannot believe that she is such a wicked woman.

. . . . I wish to stato emphatically that no aspersion is cast upon Mr. Prichard or anyone in the office, either directly or by implication. As I think that the evidence warrants me in believing the defenco set up, I givo judgment for the defendant."

CONSIGNEE & THE SHIP,

Reserved judgment was delivered by Dr. M'Arthur, S.M., in the case of H. H. Ostler v. the Shaw, Savill, and Albion Shipping Company, Ltd., involving a claim for ,£2O in respect to :a. motor-car which it was alleged was damaged in transit. The plaintiff contended that tho car was in good order and condition when it was shipped on tho Tainui, at London, but when it was- unpacked in a city garage it was in a damaged state. Tho plaintiff admitted that he had taken the car out the day. after it was unpacked. Tho plaintiff, commented his Worship, ought not to have taken the car away from tho wharf without ascertaining its condition, but his explanation was that it did not occur to him that anything was wrong. As tho consigneo had failed to prima facie negative inherent vice of tho goods and had not shown that ,the damago was obviously duo to an external cause within the control of tho shipowner, ho could not succeed. Judgment was given for tho defendant company.

THE CAR GEAR

■' <Mrj W. 1 G. Biddell, S.-M., heard a civil dispute between Burn <uid Sons, engineers, of Petone, and J. E. Fitzgerald, cycle engineer, Wellington. Plaintiff claimed to the sum of- Jill lfe., for motor-car gear supplied to tho order of G. Pinnock. It was alleged that the defendant had agreed to pay tho amount in dispute. For the defence it wa3 contended that Fitzgerald had undertaken to pay tho sum only on . the distinct, understanding that the plaintiff first exhausted ail the proper channel's open for the recovery of tho money from Pinnock. This, it was maintained, had not , been done. Mr, I)uun appeared for the plaintiffs and Mr. Blair for the defendant.

Plaintiffs were lion-suited with costs, £1 153.

TAXI-CAB CO. SUED.

Win. H. Trengrove, motor mechanic, sued tho Arcadia .Taxi-cab Service,. Ltd., of Wellington*, for the'sum of Ml 17s. for work done in and about tho defendant company's cars. Tho company admitted liability for .til 75., but disputed the balance. A cylinder, for which .£33 10s. was charged, was (defendants contended) useless. Mr. J. J. il'Grath appeared for the defendants, and Mr. P. Jackson for plaintiff. After hearing some of the evidence his Worship adjourned tho case.

DEFAULT DEBTORS,

Judgment for plaintiffs by default was given in the following undefended cases: JJavis and Clater v. E. J. Samuel, costs only, M 125.; D.1.C., Ltd. v. W. J. lioay, X 3 12s. lid., costs 10s.; I'ordp and Co. v. A. A. Douglas, .£ls, costs 55.; Commercial Agency, Ltd., v., Annie M. Breniff, .£l3O 4s. Id., costs JEG 55.; J. J. Niven and Co., Ltd., v. E. O'Bourke, .£3 ss. Idcosts 10s.; W. M. Bannatyno and Co., Ltd. v. Edward Smith,. £'■) 12s. 6cl. t costs .£1 3s. Gd.; Helen Stanley v. Claude Orr, Xl,' costs 55.; Ada Fraser v. George Jones, XI 12s. Gd., costs 75.; British and Continental Piano Co. v. Fiances Cootes, ,£l9 10s., costs .£1 15s. Gd.; game v. John Eopata, .£l3 10s., costs .£1 17s. Gd.; E. Pratt and Co. v. P. Bird, XG, costs XI 3s. Gd.; G. Goldstein v. A. Whitehouse, X 5 19s. 10s., costs .£1 3s. Gd.; Hill aud Barton, Ltd. v. William 0. Wilkinson, X 9 os. 3d., costs .£1 Gs. Gd.; Commercial Agoncy Co., Ltd., v. C. Edgar, XG 19s. 10d., costs, XI 3s. Gd.; same v. F. Campbell, 12s„ costs 55.; samo v. A. Thomas, X 4 3s. lid., costs XI Bs.; Barber and Co. v. Mary M'Parlane, XI lis. Bd., costs ss.;'same v. Agnes Jackson, 12s. Gd., costs ss. JUDGMENT DEBTORS. Henry Hyman was ordered to pay Charles Adams 20s. per week in respect of a debt of Xl 4 2s. Arthur Davis, co-debtor, was also ordered to pay 20s. por month towards tho settlement of the samo claim. George Beazley was ordered to pay James M'Loughlin 2s. Gd. per week in respect of a debt of X 5 6s.

THE POLICE SIDE.

A CHINESE & OPIUM CHARGE. Shortly before 10 o'clock yesterday morning, Senior-Sergeant Rutledgo paid a visit to premises known as 131 a Taranaki Street, and arrested a Chinese named Ah Loo, on charges of smoking opium, and of being found in posfession of opium in a form suitable for smoking. Accused was amongst a number of Europeans aud Chineso found on tho same premises by; the police 011 Tuesday night, and he was charged on Wednesday with being tho keeper of a common gaming-house. When arrested yesterday morning, Ah Loo was out on bail. Ho appeared before Mr. W. G. Riddel!, S.M., yesterday afternoon, and was remanded until to-day. Bail was allowed in the sum of ,£2O. On the charge of beiug the keeper of a common gambling house, he was allowed bail in the sum of 4100. FRENCH LEAVE. Angus Morrison, 'ft seaman on the s.s. Avawa, was charged, before Mr. W. CI. lliddell, S.M., at the Magistrate's Court yesterday, with absenting himself from the vessel without leave. Accused stated that he did not leave tho vessel with tho intention of deserting. Evidence was given to the effect that accused had left Uiu ship, in spite of tho chief officer's command that he should remain on board. Ilia Worship sentenced accused to seven days' imprisonment. STOLE & PUKSE. Susan M'Laughlin entered a plea ot guilty to a charge of stealing one fur stole and one lather pwso sontaininc

3d., valued in all at 10s., the property of Mai-y Johnson. Accused was fined lOs., and costs Is., in default throe days imprisonment. COURT ODDS & ENDS. Mary Joyce entered pleas of guilty to tho following charges:—lnsobriety, damaging a constable's helmet, valued at 9?. 3d., und Ti si us certain language. She was convicted and discharged for insobriety; lined 10s., and casts 9s. 3d., for damaging the helmet; and fined .£3 for using bail language. Mary Johnson was fined 10s. for insobriety. For similar offences Norman Campbell was fined 4(k, nnd Isiulorc Jacobus 20$. . For obstructing a coastftWo whilst in tho execution of his duly, Colin M'lnncs was fined 10?., in default seven clays imprisonment. JUVENILE COURT. Two girls, aged 11 and 19 year?, were charged before the Juvenile Court with being idle and disorderly persons, haying insnHicient means of support. -Tho younger offender was committed to a receiving home, and the elder was sent to gaol for a month, pending committal to an industrial school.