MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1906, 14 November 1913, Page 3

MAGISTRATE'S COURT.

DECISION IN FURNITURE CASE. Decision was given by Mr. J. S, Evans, S.M., in the case William Aubrey v. John Hall Flockton, a second-hand dealer. The plaintiff claimed to recover tho value of 'household furniture bought by J. U. Flocktou from'a Miss Millard, wise- was plaintiff's 'housekeeper, and sold the goods under the name of Mrs. Aubrey. It was contended for the. defendant that tho plaintiff was precluded under tho Sab of Goods Act, 1008, from claiming the furniture. lu the magistrate's opinion. Section 23 of that Act created no more than tho ostoppal in favour of the defendant. On tho morning after the sale tbo plaintiff called on Floektou and offered to pay the amount whieli Ifloektoa had given for the furniture, but tho defendant did not entertain tho proposal. Judgment was given for tha plaintiff. Thero was a dispute as to tho value of the furniture. Tho defendant gave, £19 for it. Tho value, said ; his Worship, was not what it uas worth to the defendant, or even what tho defendant could got for it in tho open market. Ho fixed tho damages at £60, SALE OF A HOTEL. Demuth and Co.. commsision agents, claimed from R. Quiun, hotelkeoper, Lower Hutt, £100 as commission on the . sale of a hotel, cr the same amount for broach of contract. It appeared from tho proceedings that plaintiff introduced a prospective buyer named. —. Tucker, who made a definite offer of £2400, respecting which Quinn agreed thai.tho transaction should bo held open till.September 20 at noon. On tho morning of. September 29 Quiini telegrnp'hed withdrawing from the. deal, but Demuth and Co. telegraphed: "Have sold to Tucker." Then it transpired that the hotel had been sold on Saturday to a Mr. Ross thwug'h Messrs, Dwan Bros. Judgment was for plaintiff for £100 as damages for breach of contract. MOTION PICTURE CASE. The Independent Film Service, Wellington, sued Cathro and Barklay, Paimerston North, for £19 .Us. 7d. as money due for material supplied.for tho defendant's picture shows. Cathro and Barklay confoisod tho claim, and coun-ter-claimed for £50 as damages eustnined by thero in business lost through various "faults in tho supply of goods. Air. A. Dunn appeared for the plaintiffs, awl Jl.r. E v O. Hurley for the defendants. Mr. Evans, S.M., nonsuited Cathro and Barklay on. the ground that they had not proved their claim SALESMAN'S WAGES. Walter Joseph TTiggins, bookseller's employee, su»rl David A. Eberlet. bookseller, Weliinaton, for £2 55., a week's wages. Mr. j. F. W. Dickson appeared for"the, plaintiff, and Mr. K. J. Fibigibbuii for t'ho defendant. Tho question of rmtici'. was discussed ftt some length, and tirea Mr, W. G. RMdell., jjl.M,.,- gave

judgment for the plaintiff for £1 125., with Bs. costs. DEFAULT CASKS. Mr. J. S.. Evans, S.M., entered judgment for tho plaintiffs by default iii tho following eases.—rWellington Gas Company v. "Jean Matthowson, £1 13s, Sri., ' and costs 55.; J. Ferguson v. M. A. Rowlands, £o 10s. 4d., and £1 3s. Gd,; 3. Myers and Ct>. v. J. H. Anstis, £2 ss. 2d., and 10s.; New Zealand Express Co., ]jtd,, v, Julius George Mat-son, 18s. 9d., and 55.; 11. E. Tingey and Co. v. W. Iktcman. £2 3s. Gel., and lis.; ft Pratt, and Co. v. J. Man'ton, Ltd., £30 iis. lid., and £2'145,; Norman Hotaes; Jury, *£1 45., and os.; same v. Arthur Thomson, £2 75., and 10s.; E. J. Proud v. Patrick Borgan, £1 17s. Gd.. nnd 95.; Commercial Agency, Ltd., v. '3. Dalzcll, £17 2s. 4d., awl £1 10s. fid;; Vritch and Allan v. 1-teurv Stafford, £14 lis. (id., and £1 lis. 6d.; and Commercial Agency, Ltd.,, v, Hope Lewis, £54 Cs. 7d., and £8 lis. JUDGMENT DEBTORS. S. Dowdr.ll was ordered, to pay John George Wilkes £9 Is. lid. by November 27; C. 11. W. Dixon to pav Thomas Shailer Weston £10 18s. by November 27; G. J. Beattic to pay 'H. J. Ilopkins £3 18s. by November 27,; and f. Davis to pav Crawley Ridley, and Co. £5 Bs. Gd. by November 27. poLtciTiuiiNEss, Maurice Roid was fined £3 for having used certain language iii Grey Street. George Hardham was remanded for medioaf examination. Ho is charged with, bavins: tisol threatening behaviour in Riddiford Street. . George Catbw, charged with having deserSed Ills wife, was remanded to appear at Oams-.i in n, week. It was decided to send away to the country a juvenile found guilty of tliet'tfrom a city dwelling.