MAGISTRATE'S COURT

Dominion, Volume 7, Issue 1994, 27 February 1914, Page 5

MAGISTRATE'S COURT

' THE CHAUFFEUR FROM HOME. ' In tho Magistrate's Court'yesterday, before Mr- JU..G. A. Cooper, S.M. Koocr.t Hannah, manufacturer.' Wellington, sued .F. C. Pearce, chauffeur, We lingtou, for £40; The monev was said to be the balance of £46 paid as the fares of defendant and his wife from -England to New Zealand. Plaintilt stated that when he was visiting JMigland the defendant was employed by the Sheffield Simplex Motor Agencv to drive him about the country, and that, while on these tours, plaintiff en-' gaged him to come to Now Zealand and be hi ß; chauffeur, and arranged to pay his fare out and also that of his wife Plaintiff held that the agreement had been that this'passage money was .to be refunded, but defendant maintained that the payment of the fares was ono of the conditions under which ho had come ,out. Defendant added that he worked, for plaintiff for £2 10s.' ; per week, and that, plaintiff had subsequently told him that he had raised his wages to £3 and would deduct 10s. per week till the fares ; wcro' paid. Defendant then protested that ho did not owe the money, and eventually left plaintin s service.

¥ r Vr A - B l a 'r,appeared for plaintiff, ffl 4" lr ;™' J - 0H «E»n for defendant. Mr. 0 Regan said that the contract was not capable, of being performed in a year, and that, as there was no agreement in writing, tho plaintiff could not recover. Further, tho proposal.of tho plaintiff to recoup himself bv deducting 10s. per week from the 'defendant's wages was in contravention of the Wages Protection and Contractors' Lien Act, -which' required that all wages should 1i" fully paid in money.

Mr. Blair contended that the unusual nature of'the engagement cast the-onus of proof upon,tho defendant.•Decision was reserved. ~

LOAN OR PAYMENT? •C. Pratt and Co. (as assignees of A.. Robots, of WrLjgpton) ~ pw-rM against R. W.'WolKffarmor, of Havclock North, for £53 4s. 4d. as' money lent, and interest. The defendant declared that the money was not handed t-0' him by way of. loan, but in purchase :of. shares' in the Victoria Laundry. Ho owed ..tho plaintiff nothing. Mr. A. Dunn apucared for the plaintiff, and Mr. R. Kennedy for tho "defendant.. Somr- evidence was heard bv Mr. AV. G. RkWoll. S.M., and the en so was then adjourned for. n Week for the production of a certain letter.

COOK'S WAGES CLAIM,' William Tyrrell, of Wellington, a cook,, sued John Tinlino Mowat, of Blenheim, estate agent; and the Now Zealand Shcop Farmers' Agency, of Wellington, for £2 10s.' wages and £2 4s. damages. Tho. plaintiff stated that he had been engaged to fill a position at Blenheim;' and that when he had gone there he had been refused the employment for

which'he had - been engaged. On' the other hand, the defendants stated • that they.had offered the'plaintiff other, employment instead of tho original position.

Mr. • Riddell;considered that' plaintiff was entitled to recover £3 6s. Costs,' totalling £1 155., Were also entered against tho defendants. Mr. J. F. W. Dickson appeared for the plaintiff, and ■Mr. A. Blair for the defendants.

, HORSE OWNER RECOVERS. ! Mr. Riddell delivered judgment in a c * so m which Caspar Stringer claimed *23/19s. from Win. F. Eggers on account'of injuries to a horse. Plaintiff had leased.a piece of land from defendant,'and was running a horso on it. Defendant was putting a.dividing fence across the land, and plaintiff, warned him that it was .dangerous to tho horse. No safeguard was made, and the horse got injured in a.trench. His Worship said that by Section 56 of the Property Act, 1908, there was in every lease an implied covotiant for ouiot c/ijoymcnt of tho land, and it seemed to him that defendant had broken this implied covenant. Ho held defendant responsible, and gave judgment for plaintiff for £22 7s. 6d., and costa amounting to £5 4s.

UNDEFENDED CASES. In the following cases Mr. Riddell entered judgment, for the plaintiffs ,by default: —Robertson and Co., Ltd., v. J. Anderson, £18 10s. 3d., and costs £2 4s. 6d.; tho Wellington Publishing Co., Ltd., v. Thos. Richmond Husband, £14 125., and 155.; Ernest Brown v. Judah Barsht, £1 Is., and us.; Inglis Bros. v. .Vincent Do Vally, £4 los. 3d., and 10s.; Cycle and Motor Supplies, Ltd., v. E. James Rubrick, , £2, and lis:; Wm. Bannatyno and Co., Ltd., v. Samuel Stewart, £68 los. 9d,, and £4 45.; Gordon and Gotch Proprietary, Ltd., v. D.. Threadwell, £4,' and 10s.; same v. S. Thomas,.£2 os. 9d.,, and. 12s. ;■ same v. J. H. Urry, £3 35.,* and'los.; samo v.:M. H. Biggs, £1 2s. ,6d., and 10s'.; the Wellington Publishing Co. v. A.. M. Woolcott, £6, and Bs.; Charles William Brodie v. J. W. M'Rae, £5, and £1 os. 6d.; tho Public Trustee v. David Fisher,;£ll, and:£l 10s. 6d.; the Wellington..Publishing Co., Ltd., v. Harrington Bros., £4 17s. 9d., aiid 55.; H. Price-and Co., Ltd., v. F. A. Turner, £16 lis.' 6d. ,and £2 Is. 6d.; thp Wellington Publishing Co., Ltd., v. G. G. Pottß, £14 ss. 6d., anfl 155.; samo v. A. E. Williams, £1 3s. 6d.. aiid 55.; Ernest'.H. Rawson v. W. Hill, £3 35., and 10:?. ;N.'Z. Express Co., Ltd., v. D. C. Waldie, jnr., costs onlv, 7s. ;Rand, Walker and Co. v. M. Roskela, £2 10s., and 10s.; same v. Walter Probert, £5 Is., and- £1 3s. 6d.; G. H. Wilkin v. Delving Jameson, £1 3s. ,9d., and os.; Townsend and 'Paul, Ltd.; v. James Johnstone, od; (balance of account), and 10s;; Veitch. and Allan v. Alex. W.' Birss, £3.95., and 10s.; same v. Michael Gonway,l9s. 2d.,-and 55.: samo v:0. B. Carpenter, £665. 4d., and £1 3s. Gd.'-;.' same v. Edinund .Greenwood, £19'15..1id.,-and) £1 10s. 6d.'; Henry Godfrey'v. Wm. Robinson, £11 Bs. fjd.'.' and :'£l 10s. 6d. • Frederick Geo. Bolton v. John J. Hyams, £4 10s., and £1 os. 6d. ' • ■' - •' . ;

POLICE BUSINESS. Yesterday's police cases were dealt with by Mr. D. G. A. Cooper, S;M. ' " Arthur -Colgate was. fined £5; iif de-, fault 'one month's ' imprisonment, ■• for having'- used; certain languago in Manners Street. •' He "was also sentenced-to ono" month's imprisonment • for ■having resisted' Constable Parkinson, who arrested him."

Two months' imprisonment was the sentence meted out to Samuel Peak, who', committed- 'a certain objectionabla act in ■ Wellington Terrace oh 'Wednesday.- .'■. .. ~.„• :,.,;, -~;;.,-.-., •. -... ■ Harry. Lynno i Hartog'> was'iremandcd till March ,4 on a charge of having obtained. £15 from .Samuel Gilmer by false, pretences. . '<■■,■

William Stephens and; William Kidley wero eacli fined £5, in default one month's imprisonment, for stowing away on tho' steamer Rangitira from Hobart to Wellingtcr..