MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 2141, 6 May 1914, Page 11

MAGISTRATE'S COURT.

DIFFERENCE WITH EMPLOYER

SALARY & COMMISSION.

Ta.sman John Chamberlain Gurr, commercial traveller, of AY" piling to-i, proceeded against J. J. M'Malton, "trading as the 'Glasgow Manufacturing Company, ' for tho recovery of £13 15sV salary, commission, and expenses alleged to be duo to plaintiff hv defendant. The case was heard by Mr. D. G. A. Cooper, S.M. The statement of claim set forth that, by agreement in writing dated October Ui, 1013, plaintiff was. employed by defendant to take charge- of the sal'» department. Plaintiff faithfully served defendant in accordance with the terms of tho agreement. On February 11, 1814, pursuant to the terms of' the agreement, plaintiff pro defendant notice terminating -tho agreement*'at the expiration of ono montlf from that date-. Subsequently to receiving this notice, defendant informed plaintiff that he nc longer required his services. At that time the sum of £-13 15s. was due- to plaintiff for salary, commission, and expenses.

For the defonco liability for £10 of the amount claimed was admitted. Tlio question of a month's notice, ami expenses, charged for ftat period, was dismited.

Mr. H. F. Von Ilaast apnwred for plaintiff, and Mr. E. J. dsi'ended.

After hearing portion of the evidence,

His Worship consented to an adjournment lor one week.

MOTORIST GETS DAMAGES.

Reserved decision was delivorwl vestcrilay by Mr. W. G. Hiddell, S.M.; in the case in which A: Boss, engineer, sued George Nash, dairyman, for £25, being the estimated cost of damage sustained by plaintiff's motor-car through collision with a horse ridden by defendant's servant. The- accident occurred on tho Wadestown .Road, and the plaintiff alleged negligence on tho part of defendant's servant. Defendant counter-claimed for £-17 10s,, being £35 for value of a horse injured in the collision, £2 10s. for medical expenses for defendant's servant, 'and £11) general dauMiKCs for the loss of tho use of the injured horse.

His Worship, in delivering judgment, remarked that ho had viewed the scene of tne. accident, and thought that it might have- happened in cither way described by tho different witnesses, but the weight of evidence was against tho defendant. In His- Worship's opinion defendant's servant had failed to exercise tho necessary care demanded on such a narrow and dangerous road, and this was directly responsible for the collision. The actual damage tn tho car. however, was not great, and the evidence as to depreciation was not conclusive. Judgment would be for plaintiff for 415, with £4 lis. cosis oh the claim, and on the counter-claim witlioufc costs.

Mr. SI. F. Luekie appeared for the plaintiff, and Mr. T, M. Wilford for defendant.

UNDEFENDED DEBT. CASES,

Judgment far plaintiff by default was given, by. Mr. W. G. Riddell, S.M., in the following undefended cases:—Dominion Mercantile Agency, Ltd,, v. Albert Harrington, 125., costs 75.; Charles Goldman v, H. A. Jenkins, £0 12s„ costs £1 3s. 6d.: A. E. Duncan v. Prank Allen, £1 las.! costs ss,;' Basil Cooper Hardware, Ltd., v. Amy Green, lis. 6d., costs 55,; C. H. Gray-land, v, T. W. Wilson, £5 lis, 6cL, costs 135.; Furniture Workers' 'Onion v. William Hawthorne, £1 12s, 6d., costs 55.; H. Badley and Sons v. John O'Brion, £4 9s. Bd., costs 10s.: J. W. Copittiorno v. Charles Gibbons, £1 6s, 5d., costs 55.: Same v. I). Watson, 16s, 6d., costs 55.; Bernard Ellis y. Samuel J. Binning, £2 2i. Bd., costs lis,; Stewart Timber' Co. r. Bodgkinson. and Mnir, £21 4s, Bd., costs £1 3s, ;■ Ales M'Miliaii, Ltd., v. ¥, .Raven, £4 19s. 9d„ costs 10s, ;"W. E. and E, G. Hood v. Nellie M'Keiizie, £3 10s., Id., costs lis.; .Wellington Building Trades' Labour Union. v. Emanuel Floyd, JSI 165., costs Bs.; C. Smith, Ltd., v, Clarence • and Louisa Hawker, £10 I3s, 3d.,-costs £1 ss. 6d.; W. Par'ton and Sen v. Frederick William Mills, £37 18s. 9d.. costs £2 145.; Nutrieia -Milk 00. v. Jessie Comptoti, costs only 6s. .• Public Trustee v. Charles Alfred Budge, £30, costs £2 Ms.; Samtiol Patterson v. Frederick William Greea and Mrs. Green, £10 IBs. 7d., costs £1 13s. 6d,; Wellington Drivers' Union v. Thomas W. Qilington, £1 Bs, 6d., costs 95.; A. D. Kennedy and Co,, Ltd., v. Glasgow Manufacturing Co.; £8 Is., costs lOs. , | JUDGMENT SUMMONS. John. Bailey was ordered to pay 3. Smith, Ltd., £1 17s, 3d. by May io, . POLICE CASES. : THE HORSE A ITS MASTER, The police business before the Magistrate's Court yesterday was taken by Mr. D. G. A. Cooper, SM. Ernest Willis tijggs pleaded not .guilty to a charge- of cruelly ill-treating a horse by causing it ia travel when in an unfit condition■ Sub-Inspector Slioelian prosecuted and Mr. H. li Anderson defended. After, hearing evidence, the Magistrate dismissed the information on tW •ground' that guilty knowledge on the part of the defendant had not been proved, "AFTER A HARD FIGHT." Frederick Bkcklidge pleaded guilty to charges of insobriety, resisting a cob* stable, and damaging a helmet valued at OS.. 3d. Sub-Inspector Sheehan stated that Constable John M'lhiosh had arrested accused in Ma-miots'Stroct at 9,30 p.m. on Monday. The man resisted violently, and attempted- to throw the constable. .A crowd collected and the traffic in the . vicinity was temporarily suspended. It was oidy after a. {jarcl. %"it that the eonsfablo was able to secure* his Saan.

■On tire first charge ' JMaclsltdgo was convicted and discharged. On the second count ho was fined 205., in defaw.lt SQvoa days' imprisonment. On tho third charge ho was ordered to tfiake pood the ddmago done, in default three days in gaol.

A sentence «f one month's imprisonment was imposed on Charles William Dawson, alias Watson, who was charged wiffi being an idle and disorderly person, without lawful means c-'f support. MISCELLANEOUS. A plea of guilty Was entered hy Norton Sage, when charged with the theft of an eider-down quilt, valued at 205., the property of Theresa Russal. Pagi Was remanded till Friday for sentence.

John Shannon, a prohibited person, was fined 305.., in default i 4 days' imprisonment, for insobrictyV