CIVIL BUSINESS

Dominion, Volume 7, Issue 2256, 16 September 1914, Page 9

CIVIL BUSINESS

A TAILORING DISPUTE. Reserved judgment was given by, Mr. W. G. Riddell, S.M., yesterday upon a civil claimi in which J, L. Matthews proceeded against R. H. Scott and Co. for the sum of £124 10s., being the sum of £117 95., with interest at 6' per cent. _ The sum was alleged.to be due j to plaintiff from defendant as the total of various amounts of tho former's shares of the net profit in 'a tailoring and outfitting business carried on by defendants. A counter-claim was made by tho defendants for the sum of £1774s. lid., for alleged loss of profits during the six months ending January 31, and,£l6 expenses in investigating the same. ■ In giving judgment, the Magistrate said that with regard to the claim, statements had been made by defendants to show that the plaintiff bad not given tho whole of his attention to defondants' business while in charge of tho Dunedin branch. In . the Magistrate's opinion these statements any, other evidence in support were in no degree convincing, and certainly in-' sufficient after the explanation made by plaintiff, to warrant the Court finding against plaintiff on the claim'. Judgment would accordingly be given for, plaintiff for £124 10s., with costs £2 13s. With respect to the counter-claim,-the Magistrate found that plaintiff (Matthews) had acted negligently during his management of defendant's business, yet'ho (the Magistrate) was not prepared to say that the negligence was responsible for- tho wholo of the losses claimed by Scott and Co. On the counter-claim, judgment was given for defendant (Scott) for £50, with costs £3 4s. At the hearing of the case, Mr. P. Levi appeared for Matthews, arid Mr. 'L.Neavo for Scott and Co. CLAIM FOR DAMAGES. A claim for damages was heard arising out of an accident at the corner of Wakefield and „Cuba Streets on January 8. Samuel Strahan, draper's assistant, of Nairn Street; claimed the ■sum of' £84 6s. from George Bradley, motor mechanic, of Lower Hutt. The statement of claim alleged that on January 8, by reason of defendant's negligence in riding a motor-cycle, plaintiff was knocked down, and sustained injuries, in consequence of which he suffered great pain, became incapacitated from employment, and incurred medical 'expenses. Plaintiff claimed £34 6s. special damages, and £50 general damages. Mr. P. P. Cooke appeared for plaintiff, and Mr. J. J. M'Grath for defendant. After'hearing the; evidence, Mr. Riddell reserved his decision. A WAGES' DISPUTE. William Henry M'Cullough, coachpaintor of Wellington, claimed £3 10s. for work alleged to have been dono by him for John E. Fitzgerald, motor agent, Wellington. Mr. E. 0. Levvey appeared for the plaintiff, and Mr. P. P. Cooke for tho defendant. After hearing some of the evidence, Mr, Riddell adjourned the case,until Thursday morning. . ' MOTOR-OAR AND DOG'. In a case heard by Mr. D. G. A. Cooper, S.M., Wm. John Hamilton, farmer, of Pahautanui, proceeded against Elizabeth Mary Davey, of Wellington, for the sum of £20, tho valuo of a sheep dog which had been killed by a motor-car driven by defendant's servant. J. Green. Negligent driving was •alleged by the plaintiff, and denied by the other party. In his evidence, Green stated that he was driving at a speed of only twelve to. fourteen miles an hour when the accident occurred, and that it ooultl possibly have been averted. After hearing further evidence, the Magistrate adjourned the case until uoxfc Tuesday. Mr. F. Ward appeared for plaintiff, and Mr. P. W. Jackson for defendant.

W. Ratana, £3 35., costs £1; J. B; Hulbert v. Mrs. M. Houston, £3, costs os.; Wm.Norton v. H. Lockwood, £13 10s., costs £1 13s. 6d.; Laery and Co. v. M. Brosnan, £12 14s. 2d., costs 15s: JUDGMENT SUMMONSES. Isaac Clark was ordered to pay £1 12s. 6d. to Messrs. Whitcombe and Tombs, Ltd., on or before September 29, in default forty-eight hours' imprisonment ; George H. Peacock was ordered to pay ■ the Wellington Carters' Union £1 9s. before September 29, or spend twenty-four hours' in gaol.