LAW REPORTS.

Dominion, Volume 7, Issue 2186, 26 June 1914, Page 11

LAW REPORTS.

CHARGE OF EMBEZZLEMENT £1435 2s 8d INVOLVED H. A. CRAMOND BEFORE THE COURT. _ Horace- Arthur Cramond, well known in Wellington, and lately local manager for Tlios. Cook.and Sons' tourist- agents, appeared before Mr. D. G. A. Cooper,' S.M., yesterday, charged on eight separate informations with : embezzling moneys belonging to that 'firm.' The charges wero:— (1) On February 15, theft of £105 6s. Bd. (2) On March'3l. theft of £30. (3; Oil April 0, theft of £70. . (4) On April 17. theft of £452 Bs. (5) On April 24 theft of £67 Bs. (6) On May 5, theft of £350. . (7) On May 8, theft of £250. (8) On May 13, theft of £50. The total amount alleged to have been stolon by the accused was £1435 2s. Bd. Chief Detectivo Broberg, for the police, said that tho accused was for somo years local manager for Thomas Cook and Son, tourist agents. Recently, a number of defalcations were noticed, and whilst investigations were being made tho accused was suspended. He then absconded to Australia. Ho had been arrested in Sydney, and brought back to Wellington by .Detectivo Andrews. The Chief Detective asked for a remand to July 3. ■ <. '■ Mr. R. Kenncdv. who appeared for Cramond, stated that it was incorrect for tho Chief Detective to state that his client had absconded. The matter would ho explained at tho proper He applied for bail. The Magistrate (Air. D. G. A. Cooper, S;M.) allowed bail in the sum of £500 and two sureties of £250 each, i OTHER CASES. . ' i -. • . . For insobriety, Alexander M'Kenzie was convicted and discharged ' On a chargo of damaging police "constables' helmets, valued at 185."6 d., the accused was ordered' to pay the amount of the damage done, in default thrco days' imprisonment. '•'._'. Jane Scharre and Catherine O'Connor were each fined 403. for insobriety.' On a similar chargo, Michael MaliOi'icy was fined 10s. Three first offenders wore convicted and' discharged. ' JUVENILE COURT. Mr. D. G. A. Cooper, S.M., I .presided over a sitting of the Juvenile Court torday morning. ' . .' Three small boys were charged with, entering the factory of Robert Hall, in. Martin Street, and doing damage to the. extent of 15s. Two of the boys wero ordered -to', receive six strokes of. thebirch rod, and the other was ordered to receive three strokes.

Two other boys pleaded guilty to a cliarge of stealing two bicycles from the Working Men's Club. Ouq.'iras ordered to bo place in an industrial school, and the other was ordered to receive . six strokes of the-' birch.

CIVIL CASES. CLAIMS FOR POSSESSION. Reserved decision was given by Mr. W. G. ltiddell, S.M., in. the Magistrate's Court yesterday possession of a house. Tho cliiini Sva-s one,in which Emma Louisa Morrison, wifo of John Laird, Morrison, settler, of" Petone, suetT Edward John, .Sfandqn,, clerkj'of Wellington, for'pbs'seßsion'of a" houso'know'n as No. 90 Tin- Terrace.

It was set forth in the .statement .of claim ,that defendant was in occupation of tho house, as tenant of plaintiff's, andlhat there had 'been ho. agreer ment aste tbe duration of tenancy. On Ai>ril 28; plaintiff gave defendant one month's notice in writing to deliver up tho premises, but defendant .bad refused to quit. , In.consequence -of this plaintiff: claimed possession of,the house and daulages'at the rate of £-l.por week as from May .28, till suchdato'as plaintiff might obtain possession. ■ It was submitted.-', oti'.'behalf of the defendant that tho fact.-that the plaintiff's agent accepted relit, a w;eek after the notice to quit had hoeij given, constituted" a .complete waiver of any notice to give up possession. For tho plaintiff, it was contended that there was no. agreement:as to.; : tbo tenancy, and counsel for the plaintiff relied on Section 16 of :the''Property Laws Act, which stipulated that where' there was a tenancy without.-'an'agreement such tenancy could be terminated on one. m<.r,th's notico by-' cither- party. . His Worship said that it was a wellestablished f.ule'uf law'that .receipt of rent after notico to quit had been given amounted to a waiver of tho 'notice: Tho plaintiff's agents afcoepted 'rent'for tho house'by mistake, and returned tho money to the wifo of tho defendant. His Worship did. not think that tho plaintiff could be,bound by the act of her . agents in accepting rent against her express instructions. Ills Worship was of tho opinion that there was somo agreement between tho parties as-to tho duration of tho tenancy The wholo transaction ivas a loose ..ue, and the c-nlv matters discussed vcro the terms and tho : weekly rents. Tho evidencd as to the length of tho tenancy, was contradictory,' but tho weight of evidence went to show that the defendant ivas tho tenant to whom the premises wore,lot. The plailltiff.lVMild.be nontiuited. Costs £1 Is. wero allowed the defendant.'

At the hearing Mr .0. Beere appeared for the plaintiff, and Mr. T. Neavo defendant.

Mr. Riddcll also'gave judgment in the case in which Henry L. Fuller and Basil Burch (executors of the will of tho into Phoebe Fuller) claimed from Alex. Grigg tho possession of a house at Seatoun and £14 125., accumulated rent. The defendant raised the question'of title, which would put the cas'o out of the Magistrate's jurisdiction, but this was. not upheld. t "I do not consider that the contention is bona fide," said His Worship. "In fact, it seems to mo to be preposterous. Defendant and his family livo in the house referred to, and the defendant brought evidence to show that his children, and not the executor's, were entitled to possession. . . . The evidence is clear that tho promises aro vested in the plaintiffs." Judgment would- be for tho plaintiff for possession and the amount claimed, with costs amounting to £3 6s. At the hearing Mr. V. H. Putnam appeared for the plaintiffs, and Mr. K. M. AVatson.for defendant. THE MISSING SUIT. Michael M'Grath, blacksmith, sued William Launder, tailor, for the sum of £-1 Is., being the estimated value of a siiit of clothes left during tho month of Juno,-1913, by the plaintiff, with tho defendant to bo pressed. In evidence the plaintiff said that he had repeatedly applied to tiro dofendanti for the siiit, but ho declined to deliver the-'same. The defendant's evidence was to the effect that the suit was in such a bad state that he sent 0 it on to a certain dye works to have it cleaned. Soon after ho went ont of business, and as tho plaintiff did not apply for the suit it went,astray. Ai'ter hearing tho evidence, 11 is Worship gave judgment for the plaintiff for £3, with costs £1 12s. • Mr. A. 11. Ilindmarsh appeared lor tho plaintiff, and Mr. E. ■)■ Fitzgibbou .for defendant. JUDGMENT HV DEFAULT. Judgment'for plaintiff by default was given in the following civil claims by

Mr. W. G/Riddcll, S.M., yesterday:i'ublic Trustco v. Frederick Smith, £1 Bs...costs 75.; Commercial Agency, Ltd., v. Mrs. M. Sullivan, £5G 17s. ud.,"costs £•!;. Commercial Agency, Ltd., as assignees, and Sargood, Son,- and Ewen, as assignors, v. Mrs. M. Sullivan, £47 7s. 2d., costs £3 Bs. Cd.; H. C. Gibbons and Co., Ltd., v. A. E. West, £3 Is., costs 10s.; P. Havinnn and Co. v. S. J. Shore, £34 145., costs £2 145.; D. L. Kelly v. Mrs. A. do Lislo, £1 2s. (>d., costs 55.; same v. A. Sutherland, £1 Is., costs 55.; Commercial Agency, Ltd., v.. W. and E. Brocklobank, £101 4s. 4d., costs £5 10s. 6d.; P. Ha.vniiui and Co. v. AV: Beale, £18, costs £1 10s. Cd.; Bing, Harris, and Co. v. J. A. .Lawrence, £45 16s. Cd., costs £3 os. 6d.; P. dayman and Co. v. J. M'Millan, £40 15s. lid., costs £3 6s. 3d. JUDGMENT SUMMONSES. Arthur Backhouse was ordered to pay Mrs. A. Nicholl £7 ss. on or before July !), in default seven days' imprisonment; 'J'o Koroneho was ordered to pay the South Pacific Mortgage and- Deposit Co., Ltd., tho sum of £6 3s. 6d. on or before July 9; in default to undergo six days' detention in tho AA'ellington Gaol. Claude Pyke was ordered to pay Milling and Co., Ltd., the sum of £2 '6s. od. on or before July 9, in default to undergo forty-eight hours' detention in the Napier. Gaol. ' ; '