MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2292, 28 October 1914, Page 9

MAGISTRATE'S COURT

SALE OF A BOARDING-HOUSE DISPUTE OVER THE DEPOSIT Eeserved judgment was delivered by Mi-. W. G. Hiddell, S.M., in tlio Magistrate's Court yesterday, in respect to ;i civil claim in which' Mary G. Todd proceeded against Harcpiirt and Co for tlie recovery of the sum of £20, and £1 costs. The dispute wns one arising nut of the disposal of Lancaster House, Wellington Terrace, as a boardiughouse. It- was alleged that plaintiff had negotiated for a, sale with a third) party. An agreement for sale was entered into subject to a condition that a now lease should be obtained by the third party. This had riot been obtained, and the deal did not eventuate. Twenty pounds had been paid as a deposit to defendants, who claimed that they were entitled to keep their commission out of that sum.. His Worship was,of opinion that a, salo had been brought about by defendants' efforts, and in such case the onus was on plaintiff to show.that the terms were not in accordance with herinstructions. There appeared to be no evidence that this was not so. TheMagistrate thought that the contract was one which could have been enforced by plaintiffs against Miss Aubrey (who that defendants were entitled to set off was to havebeeiv the purchaser), and the amount of their commission against plaintiff's claim. Judgment was for plaintiff for' £5, with court costs Bb. Mr. H. F. O'Leary appeared for plaintiff, and Mr. Peacock for defendant company. ' , , OTHER 'CLAIMS. A claim for goods supplied was heard before Mr. D. G. A, Cooper, S.M. W. Parton and Son, plumbers, of Wellington, claiming £12 17s. 9d. from Herbert Clark, plumber, of Wellington. Defendant counter-claimed for £5, alleged to bo balance of amount due by plaintiffs to defendant for goods supplied. Mr. M. F. Luclrie appeared for plaintiffs, and Mr. E. J. Fitzgibbon for defendant. The amount of the claim was reduced by consent to £10 13s. Bd., and of this amount £6 13s. Sd. was admitted by defendant. After hearing the evidence the Magistrate allowed defendant -Clark £1 Bs. 3d. on the counter-claim, and accordingly gave judgment for plaintiff on the claim for £3 11s. od., with costs on that amount. William A. Brown proceeded against James Wallace Easson,. before Mr. D. G. A. Cooper, S.M., for possession of chattels valued at £29 9s. and damages £10. After hearing the evidence the Magistrate gave judgment for the plaintiff, with an order for the return of a trap and harness, and costs £3 12s. The Dresden Piano Companv, Ltd., sued Wm. Geo. llashleigh for the possession of a piano (value £55 135.), and £22 15s. lOd. Judgment was given for plaintiff, with costs £8 os. lOd. Judgment was given for plaintiff by default in the following undefended cases by Mr. W. G. Biddell, S.M. I—The C. and A.,odlin Timber and Hardware Co., Ltd., v. Harry Tlios. Smith, 10s. 3d., costs 55.; City Council V; Chas. Harding, £6 145.,4 d., costs 155.; Hooper and Harrison, v. Wm. Odgers, £4 175., costs 10s.; Jas, Smith, Ltd., v. John Alex. Crighton, £1 45., costs 55.; Public Trustee v. Wm. Hayward, £2 Bs., costs 10s.; same v. T. E. Major, £20, costs £2 65.; P. E. Itussell and Co. v. Alfred H. Scott, £3 15s. 3d., costs 10s.; S. Brown, Ltd., v. Hira Parata, £44 Is. Bd., costs £3 7s. 4d.; Kodak (Australasia), Ltd., v. Thos. Ashton Garrett, £10 3s. 9d., costs £1 10s. Gd.: Bates and Lees v. L. Berlyn, £6 14s. 6d., costs £1 3s. 6d.; Davis and Clater v. Arthur Tliompson Ford, £17 6s. 6d., costs £1 10s. 6d.; Fadlalla Khouri v. Eugene Langier, £18 7s. 5d., costs £1 10s. 6d. Alec Adcock was ordered to pay Wm. Lingard and Co. the sum of £4 19s. by November 10, in default four dayp' gaol. ' - ' POLICE CASES. A small number of police cases was dealt with bv Mr. D. G. A. Cooper, S.M. Frank Wilson Jarvis appeared on remand charged with tho theft of a pair of boots, valued at 155., from George Horace Marshall. Accused, who was arrested by Detective- Dempsey, entered a plea of not guilty, but was convicted and sentenced to seven days in gaol. John Pryse, a prohibited person, was fined £2, with the! option of ono month's gaol, for drunkenness. For drunkenness, Joseph Keon was fined 10s., with medical expenses 17s. Gd., in default 48 hours' gaol. Two first offenders were dealt with.'