LAW REPORTS.

Dominion, Volume 6, Issue 1863, 24 September 1913, Page 11

LAW REPORTS.

» LOWER COURT. CITIZEN'S BALL DECORATIONS. FLORIST'S BILL. COURT DECIDES AGAINST HER, In tho Magistrate's Co\irt yesterday morning judgment was given by Dr. M'Artlliu'r, S.M., in tlio case involving tli© question/of the amount payablo to Rosa Probblo, florist, for decorating tlie Town Hall on tho occasion of tlie citizens' ball, given while H.M.S. Not Zealand was here. In this case a claim for £64 was made against Mrs. Algar Williams, who paid £55 into Court and disputed the balance. Tho plaintiff contended that her offer was to provide tho wholo of the floral decorations for £64. Tho defendant maintained that this odor was conditional, inasmuch as Miss Prebble agreed that, iu tho event of tho ball not being a financial success, tlio cliargo would bo £55. "As tho weight of evidence is in favour of tlio defence, judgment must bo for the amount paid into Court, and not for tho amount claimed," was tho conclusion! His Worship arrived at. FRAUD ALLEGED. An unusual judgment summons matter, embracing an allegation of fraud, camo 'before Mr. W. G. Riddell, S.M., yesterday. Iu this case the United' Building Society proceeded against John Searlo on a judgment summons issued in respect of a judgment giyen in July for £58 Bs. 7d. In tho summons, tho society alleged that tho debt had been contracted- by fraud, qii tlio part of tlio defendant, tho allegation being that Searlo, purporting to borrow £50 from the society, produced' a transfer of his wife's shares in tho society, which transfer ho stated bad been signed by her, when, as a fact, sho had not signed it. The Magistrate ordered Searle to pay tho amount, with costs, by October 23, in default ono month's imprisonment. Air. R. Sladden .appeared for tho society, and Mr. G. Samuel for Searlo. ' MOTOR CYCLIST TO PAY. Judgment for plaintiff for £40 2s. and costs was Dr. M'Arthur's finding in the action taken by Squire Burrows, an elderly mam and a glazior by trade, against Jack Wells Bond, commercial traveller. Burrows alleged that ho was struck and injured by Bond's motor-cycle, and that tho accident was due to negligence and unskilfulness on Bond's part. Bond contended that the mishap was tho. outcome of negligenco on tlio. part of Burrows. , His Worship was of the opinion that Burrows could not b'o taxed with contributory negligence, and decision was givon as abovo. TAILOR AND AGENT. Allan Ward, tailor, sued W. H. Stewart, commission agent, for £2 55., ns balance owing oil a suit of clothes. Stewart counte.r-elaimcd for £2 _10s., as commission for securing premises on Lanibton Quay for Ward in December, 1007. Mr. W. G. Riddell, S.M., gave judgment on tho claim for Ward for £2-55., with costs £1 Gs.,' and on tho counterclaim judgment for Stewart for £1 55., with costs 2s. Mr. R. Sladden appeared for Ward, and Stewart appeared in person. THIRD PARTY'S ORDER. Tlio olaim of Moncrieff and Young, against Georgo Bevan has been decided by Dr. M'Arthur, S.M. Tho claim was for £50, tho amount of an order given to tho plaintiffs on tho defendant by ono Daniel Nees. Tho defendant denied over having received notice of the order, or having agreed to give plaintiffs a promissory noto for tho amount. Tlio evident© on this point was so conflicting that His Worship decided to treat tho matter as if tho defendant had not received notice of tho order. After going further into tho case His Worship gave judgment for tho plaintiff, for £7 16s. 9d. DOMESTIC SERVICE. Dr. M'Arthur, S.M., delivered judgment in tho case of Emma Gapper v. Ernest Barnes, a claim for £8 155., alleged to bo duo for seven weeks' domestic service. Plaintiff was awardedl £3 10s., with costs £1 12s. • ' UNDEFENDED CASES. . In tho following cases Dr. M'Arthur, S.M., delivered judgment for tho plaintiffs by default: —David H. Kirk v. Georgo Perrett, £1 lis. 9d., costs 125.; Dun-lop Rubber Co., Ltd., v. Jonas Ivingsbeor, 18s. lid., costs 175.; Ullathome, Hartridgo and Co., Ltd., v. J. Carder, £70 7s. Bd., costs £4 65.; A. and T. Burt, Ltd., v. Harry Hill, £13 145.. 5d M costs £1 10s. 6d.; H. Price and Co., Ltd., v. O'Connor and Fuller, £6 10s. 4d., costs £1 3s. 6d.; Wellington City Council v. Frederick Henry Pitcher, £2 13s. 'Bd., costs 13s. ; Wellington Building Labourers' Union v. Edward ltyan, £1 165., costs 55.; John Duthie and Co., Ltd., v. Albert Smith, 1 £5 15s. 6d., costs £1; B. Walker v. Martha M'Gregor, £S ss. 2d., costs £1 3s. 6d. JUDGMENT SUJDIONS. A. W. Stanley was ordered to pay tho Dunedin Money Club £2 ss. by October 7. POLICE BUSINESS. (Before Mr. W. G. Riddell, S.M.) James M'Convillo was fined 10s. for insobriety. John M'Carthy'was fined £3 for having used certain language, and £2 for resisting Constablo M'lntosh, who arrested him. . For having bogged alms in Tory Street, Joshua Beard was sentenced to 21 djys' imprisonment. A fino of £3 was entered against Alexander Johnston for his disobedience of a maintenance order. Mario Josephine Searlo's application against John Searlo (her husband) for separation, maintenance, and guardianship orders, on tho ground of persistent cruelly, was dismissed.