MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2232, 19 August 1914, Page 9

MAGISTRATE'S COURT

AN HOTEL LEASE DISPUTE OVER THE PURCHASE DEPOSIT The refund of £50 which was deposited during negotiations for the purchase of the goodwill and tho leaso of the Kumeroa Hotel, Kumeroa, was claimed in tho Magistrate's Court, yesterday, hy .John Mcßrearty, hotel-, keeper, who sued A. D. Kennedy and Co., Ltd., wine and spirit merchants, witli the object of recovering that sum. The hotel is owned by Janies Drysdale, a Nireaha sawmiller, and his consent to tho transaction, was to have heen a condition of the contract between plaintiff and defendant. Drysdale withhold his consent to tho proposed purchase, so plaintiff requested the return of his deposit. This was refused —henco the litigation. , Mr. W. G. Riddell, S.M., heard the case, and reserved judgment. Mr. P. J. o'Regan appeared for the plaintiff and Mr. 0. R. Beere for the defendant. INJURED DUSTMAN COMPENSATED. Judgment was delivered.by Mr. Ridr dell in tho caso in which Howard Headifin, a corporation dustman, claimed £7 6s. 6d. special damages and £42 14s. 6d. . general damages from Charles Hartford, ai drainlayer, for injuries received through falling into an unprotected, opening made by defendant's servant at No. 2 Caroline Street. His Worship was of opinion' that defendant's servant did not take the precautions < lie should have taken to obviate tho danger of accident. He awarded Headifin £10 and costs. A FISH TRAWLER. Mr. Riddell delivered his decision in the case of Mathis Ellison, a seaman, v. Jonathan Jones, a restaurant-keeper, in which tho plaintiff claimed from defendant £100 damages for loss of profits consequent upon plaintiff's wrongfully terminating a. contract between them, -under which plaintiff was .entitled to the use of a fishing smack for fishing and trawling for three months. Den f.endant counterclaimed £100" from plaintiff as the amount of damages due to'careless and negligent usagoof tho fishing smack and loss of certain gear and tackle. Judgment was for'plaintiff on the'claim for £5,-with costs £4 25., and for defendant on the counterclaim for £20, with oosts £7 16a. - . AGREEMENT TO BUY. Duncan Anderson, of ./olmsonville, claimed £23 10s. Bd. from Henry Hume, of Tinakori Road.. The amount respects sums , paid out by plaintiff respecting an 1 alleged oral agreement for the purchase of certain property at Lower Butt. Plaintiff contended that agreement had been broken and, therefore, he claimed d refund of the money which he had paid hy way of deposit and in rates, etc. Mr. A. H. Hindmarsh represented the plaintiff and Mr. E. P. Bunny the defendant. Mr. D. G. A. Cooper, S.M., who. heard the case, decided that there had been no repudiation of the contract, and non-suited plaintiff. SHIPPER'S LIABILITY. ' ' Mr. Cooper gave judgment for £20, with costs £4 45., in favour of Dorothy Beatrice Austis and against Johnston and Co., Ltd., in tho matter of _ a claim . for damages to. luggage whioh was accidentally immersed m the sea in tho Gisborne roadstead when being transhipped. ' • UNDEFENDED CASES. In the, following cases Mr. Riddell entered judgment for the plaintiffs by default:—D. Bohan and Co. v. A. J. Hart, £3 3s. lid., and costs 145,; Spiers and Talbot v. John Minifie, £2 Ss. 3d., and 146.: Arthur Cooks and Co., Ltd., v. William R. Aislabie, £4 6s. Id., and 10s.; United; Farmers' Co-operative Association, Ltd., v. Thomas Jouos, £1 15s. Bd., and 10s.; Public Trustee v. Herbert Gilford, £2 55., and 10s.; Tanner Bros., Ltd., v. S. Srmstrohg, £3 Is. Bd.; and 10s.; Charies Horace Coucliman v. James Woolford, £10, 'and £1 3s. 6d.; Munt, Gottrell and Co., Ltd.,' v. James J. Harrington) 15s. 6d., and 75.; H. E. Geddis and Co. v. Mrs. Lee, £9 55., and £1 Bs. 6d.; Storer, Meek and Co., Ltd., v. Ambrose A. Falconer, £17 Ss. lOd. J and £1 10a.' 6d.; and Stanton and Evans v. W. Forbes, £27 16s. 9d., and £2 14s. s POLICE CASES. ' (Before 'Mr'. Cooper;) Alfred John Lacey was proceeded against for failure to comply with an order of tho Court to contribute towards tho maintenance of his wife. . He undertook to pay the. arrears and to keep up with tlie payments. Ernest Jonos and Patrick O'Connor wcro cliarged with the theft of a >( watch belonging to Constance- Pollington. Tlicy wore remanded till to-day. For having stolen a pair of boots belonging to John Brodie, Mary Jones; was fined 10s. " . ■ On a charge of insobriety, Phillip Merry weather was fined 10s. . Arthur Mason, who had been found drunk while in charge of a horse and cart in Bowen Street, was ordered: to pav a fine 'of £!• Guy Cockburn's, unlawful indulgence in obscene languago resulted iu i his being fined £2, in default ono month a imprisonment. ■ , For an indecent act in Tui Street, Bert Hardy, alias Tolman, was fined 10s