MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 1969, 28 January 1914, Page 11

MAGISTRATE'S COURT.

CIVIL CASES. THE LAND AGENT'S COMMISSION. Tho validity or otherwise of a land agent's claim was before .Mr. \V. Ci. KidclelJ, S.JJ., in tho Magistrate's Court yesterday. William ..lames tjibson, a Willis Street commission agent, sued Kasson Bios., timber merchants and land agents, .kilbiniae, for £81 os., as • commission on the exchange rf a property effected between the defendants aiid A. D. Knight. Tho commission was at the rate of 1J per cent. Defendant disputed tho ciaint on tlio Rround that the plaintiff had received a secret commission .from the other party to tho exchange. Plaintiff's, answer to this was that J. W. Easson knew of the fact that Gibson got a «ommisiion from the other party, and that that was why the commission claimed from Easson was chargedat the rate of li per cent, instead of at a rato of Sty per cent. Mr. M. Myers appeared tor tho plaintiff, and Mr. T. v!. A. Hislop for the defendants. Mr. Myers commented that this was tho class of case in which a person was prepared to raise every possible point to evade payment of what was a just , debt. ■ At the conclusion of the hearing the Magistrate remarked that he was then inclined to think that the plaintiff must .succeed, but that ho would not give a tinal decision until ho looked into certain authorities which had been quoted. CLAIM UNDER BAILMENT. James M. Ferguson claimed £199 15s. from Alexander T. M'William. M'Wliam was formerly a stable keeper in Courtcnay Place.

Tho claim set out that on October 31, 1911, the parties entered into an a<ite.cment wherein the plaintiff undertook to- lot to defendant certain carriages, horses, etc., for £100 and the payment of a, weekly rent of £2. The defendant had not paid the £1.00, and £19 15s. was duo for rent. The plaintiff claimed £40 for depreciation in tho horses, which, he said, had not been cared for as stipulated, £20 as the , amount required to , repair carriages, and £20 for threo horses which were not delivered. Mi-. C. W. Neiison appeared for-tho■ plaintiff and Mr. J: J. M'Grath for tho defendant.

The plaintiff's side of the case was partly heard, but the defendant's side jvas not reached when the Court- adjourned. The case will be continued on some- suitable date to be chosen by the Magistrate. CHANGE OF VENUE. In the matter of a claim by W. H. Suckling, Wellington, against Mrs. May Cassidy, of Gisborne, for £3 7s. Gd., as the amount of arrears of instalments due on a sewing machine, Mr. H. M'Connell (for defendant). applied for B; change "of renuo on the ground of convenience. Mr. H. E. Anderson, plaintiff's counbcl, opposed the application because the causo of action had arisen in Wcllmston, but the Court granted de'eudajit's request. CALIFORNIAN CO.'S CLAIM. The J. K. Armsby Co., of San Francisco, was given judgment against Joseph. Clarke and Co. for £199 Bs'. 7d., and costs £11 Is. 6d.' The claim was in respect-of 300 boxes of raisins suppled to the defendant's predecessors. . UNDEFENDED CASES. In the following cases judgment was entered for the plaintiffs by default :— Geo. Doughty and Co. v. Michatl ■Shainey, i'iij.iOs. Id., and costs £1 10s. (id.'; Hop Fook Cheng v.'Joo Hoe and Ivor Aspland, £84 3s. lOd., and £5 os. ; V. and A: Kitto v. Goo. Burnett, £3, and 10s.; Kobeit Martin, Ltd., v. J. H.Fairliurst, £9 13s. 2(1., and £1 3s. 6d.; same v. Caroline Wallace, £14 165., and £1 13s. tid. ;'J. B, Clarkson and Co., Ltd., v. Henry Wright, £31 16s.' lOd., and £1 35.; Peter Ahradscn V. William Jeffreys, £5 IDs. 3d., and £]. 3s. 6d.; W. E.'Tomlin v. J. l>. Hftillo, £3 3s. 3d., and Us. ; Jackson and Co. w J. B. Topp, £6 3s. 9d, and £1 6s 6d,; 11. C. Boiuicr v. B. V. Brooks, £28 ss. 6d., and £2 155.; John Putliio and Co., Ltd., v. Patrick Kearney, '£6 135., and lls. ;'E. Collie, Ltd., v. Mrs. J, Wilson, £16 165., and £1 11s. 6d..; and ' Levin and Co., Ltd., v. S, A. Moore, £34 75., and'£3 14s. JUDGMENT SUMMONSES. E. W. Oliver was ordered to pay J. Cheesemnn £7 4s. 3d, \iv February 10; H. C. Jenkins to pay C. E. Boulston £3 2s. 6d. by February 10; and Duncan Campbell to pay H. T. Johns £10 6s. (id., by February 10. POSSESSION OF HOUSE. . Frederick Peter Simoon recovered possession of a house and £5 2s. rent from F. Leo. Defendant was given ten days in which to quit the hotise. POLICE MATTERS, PROHIBITED IMMIGRANT. ' Frank Arnold M. Smith, who recently arrived here from Canada, was brought before the Court as a prohibited immigrant. It was. stated that the defendant io* cenlly arrived in New Zealand at Auckland by tho s.s. Karamea. and, upon being found to bo mentally dr-fickr.t, was ordered to be placnd on hoard tha s.s. Ttirakina, arid sout to F.iigfand. Tho Turakina came to Wellington, and, dospito warnings, tho man camo shore, and was eventually arrested.

■ The defendant protested against being sent out.of tho country, ou the ground alleged against him, and the Magistrate said that-wJiilo. in custody defendant would be tinder tho observation of the gaol surgeon. Tho Court decided that . tho ninv should be held in custodr until the do-, pa-rturo of the steamer Whakatane for Montreal.