MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1871, 3 October 1913, Page 11

MAGISTRATE'S COURT.

DRILL HAIL CHAIRS. OOURT'S ORDER IN HUTT CASE. Ownership of tho chairs in the Lower Hutt Drillshod has boeu decided by Dr. ■Jl'Arthur, S.M., in favour of the plaintiffs to tho recent action —Edmund Percy Bunny, solicitor, Wellington, and Thomas William M'Donald, major in the Defence Forces, formerly of Lower Hutt, and now residing in England. His Worship's decision was delivered yesterday. Tho defendant in the case was Fleming Ross, a major in the New Zealand Territorial Force. Summary of Position. The statement of claim set out that, by deed of trust, dated January 15, 1906, made between tho late E. J. ltiddiford and tho plaintiffs, Mr. Riddiford had vosted the Hutt Drillshod site in Messrs. Bunny and M'Donald, as trustees. They had erected a drillshod on the land, and on May 30, 1906. had leased the premises to Williams Hobbs, dentist, Wellington,, Charles John Holland, draper, Petono, and Arthur Marshall, accountant, Lower Hutt, who were officers of tlio Hutt Valley Volunteer Riflo Corps. By tha terms of tho deed of trust the trustees were to hold the property vested for the benefit of the riflo corps. For tho purpose of furnishing the drillshed, and providing seating accommodation, £150 was raised~lsy residents of Lower Hutt, and a portion of the amount was expended in the purchase of 500 chairs. By an agreement dated April 15, 1007, between plaintiffs and Hobbs, Holland, and Marshall, the chairs were vested in tho plaintiffs (Bunny and M'Donald). The corps had since ceased to oxist, and tho trustees wore directed by tlie deed of trust' to sell tho trust property and divido tho proceeds, as stipulated. Plaintiffs had sold tlie land and the drillshod to tho Crown, and the property was now under the charge of the defendant, who had refused to admit the title of tho plaintiffs to tho chairs, and to deliver up possession of tliem. Plaintiffs that. ordar jlimild ho wade aaflt.iss j&sifiisisn ef tho.

chairs, or, in case possession could not bo had, tlicy claimed £100 as the value of tho chairs. Magistrato's Finding. In the course of his judgment, his Worship said that by tho agreement it was soon that tho corps was to have the uso of tho chairs as long as it was a corps, and had a leaso of tho drill hall. Tho agreement was valid, notwithstanding that two of tho lessees had ceased to bo officors of tho corps shortly before the making of tho agreement. A great deal of extraneous matter had been introduced into tho case, but ho did not intend to deal with it. Judgment was for tho plaintiff for possession of tho chairs purchase, or. iu case of rion-possession, lor £100, ana costs. At tho hearing, Mr. K I'. Bunny and Mr. H. F. A'yson appeared in support of the olaim. MEMBER & HFS UNION., Tho Wellington Bootmakers' Union proceeded to recover from George Beckett £1 65., ns' arrears of subscription said to be duo to tho union. The union was represented by . Mr. J. Hutchison, and .Mr. E. J. Fitzgibbon appeared for tho defendant. Tho facts, as stated in Court, were that iu August, 1912, Beckett, at the request of the secretary, paid 10s. as an entrance fee in connection with joining the union,, but a few days later, and before .any mooting of the union was held, or ho was accepted and elected as a member, he wrote to the secretary, declining membership, and demanding. a refund of his deposit, stating that lie paid tho 10s. under a misapprehension. For the s union it was contended that through tho paymont of tho 10s., and in view of tho preference clause in the award of 1912, the defendant was a inembor, and was liable for the amount claimed. For the defendant it was argued that as tho offer was withdrawn before a meeting of the union was hold, and as the rulo concerning tho election of members was not complied with, the defendant was not liable. It was stated that the dofeudant had been in his present employ for twenty-two years, and had previously occupied the position of foreman. Judgment was given for the defendant. . HELPING! THE PIANO MAN. - Dr. M'Arthur delivered judgment in tho claim of C. W. Walker, against tho Shaw, Savill, and Albion Co., Ltd. Walker's claim was for the delivery of a piano (or £22 95., its value) and £7 10s. for detention of tho instrument. Tho piano belonged to Walker, who had imported it for a man whom ho was assisting into a piano-shop business. The understanding was that this third party was to pay the freight, but when ho went out of business, ana gave Walker an order to uplift this piano, tlie freight had not been paid. Consequently, tho shipping company hold the piano. ■ After reviewing the law on the subject, his Worship said that plaintiff was not entitlod to get delivery of tho piano until tho charges had been paid. Judg- ; meiit was, therefore, for tho defendant company. MORE ABOUT PIANOS. His Worship also gave judgment in" tho action taken by one Hartrodt, an agent, against Walker. • Hartrodt claimed for £10, which ho had paid in freight and other chargos on the pianos. In this caso judgment was for the plaintiff. His Worship remarked: "Whore one of two innocent parties iB to lose, ho must suffer through whom tho loss became possible. _ I do not hesitate to say that in equity and good conscience tho plaintiff must succeed." UNDEFENDED CASES. . In the following cases Dr. M'Arthur, S.M., entered judgment for tEe plaintiffs by defaultF. Crossloy v. A. and J. Bradley; £2 3s. od., and v cßsts 10s.j Laory and Co., Ltd,', v. Sam How, £1 los. 7d., and 6s; j Magnus, Sanderson, and Co., Ltd., v. Joseph V. Critchflold, £56 12s. 3d., and £1 10s. j W. H. A. Renai v. Charles Onyon, £48 2s. 6d., and £3 75.; John G. Wilkes r. E. Ellerby, lis., arid 175.; Francis M'Parland v. Charles Onyon, £5 95., and .£l 3s. 6d.; Commercial Agency, Ltd., v. Douglas William Hamilton, £4 135., and 10s.; samo v. Agnes A. Stowell, £15 lis. 9d., and £1 10s. 6d.; Davis and Clator v. E. J. Hiscocks, £1 75., and 55.; D.I.C. v. A. A. AVhitoman, £2 lis. 2d., and 10s.; and same. v. AV. G. Huntor, £3 12s. 9d., and 10s. JUDGMENT DEBTORS. . Charles Jones was ordered to pay Forde and Co. £2, in instalments of os. per fortnight; T. Broughton to' pay A. C. Barnes £9 10s. by October 16; and J. Callan to pay Mary Sharpe £3 ss. by Ootober 16. • POLICE BUSINESS. (Before Mr. W. G. Riddel, S.M.) - Rose. Fraßer was sentenced to three months' imprisonment for being an idle and disorderly person. For insobriety Thomas Withorß was fined £2. Benjamin Church was fined £1 for disorderly behaviour while drunk; £3 for having 'used certain language; and for damaging tho taxi-cab in wliicli he was taken to the polico station ho was ordered to pay ss. expenses.