MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2334, 16 December 1914, Page 9

MAGISTRATE'S COURT

DEFINITION OF FURNITURE AN INTERESTING POINT GOODS CARRIED FORWARD. I Sitting in civil jurisdiction in tho ■Magistrate's Court yesterday, Mr. W. G. Riddell heard the following cases: — Charles Pratt, of Wellington, finanrial agent, as assignee for Eliza Lee, lately of the Tiffin Restarant, Manners Street, sued George Winder, of Cuba Street, for £80 3a. 4d. ' In the statement of claim plaintiff set out that until recently Mrs. Lee was the tenant of the Tiffen, under a.tenancy of £7 10s. per week. On Juno 25, 1914, the de-. fendant distrained on the goods of Mrs. Leo for the sum of £120, as rent to Juno 24, 1914. On July 10,, 1914, defendant withdrew the said distress on receiving from one Jesse Taylor a guarantee in writing to pay the arrears at tho expiration of threo months from July 10. _ The place had heon burnt out, and it was agreed that the rent should bo postponed for three months, and Mrs. Lee was charged £2 6s. Bd. for three months' interest on the rent. It was contended that m breach of tho said agreement, and the provisions of the Distress and Replevin Acts against successive distress, tho dcfendant'on August 31, 1914, distrained on the goods for the whole rent then owing, and sold them by.public auction, the proceeds, after payment of expenses, amounting to £113 19s. 4tl. The plaintiff said that tho defendant retained the whole of that amount, but should have refunded £80 3s. 4d., as por the following statement: By proceeds of sale. £113 19s. 4d.; less balanco rent from June 21 to August 31, £21 13s. 4d.; loss goods purchased by defendant. £12 2s. Bd.—£33 165.; balanco, £80 3s. <Jd. For a further cause of action plaintiff said that the articles distrained on wore "furniture," and that the defendant should havo allowed plaintiff an exemption of £60. Mr. A. Dunn appeared, for plaintiff and Mr. J. E. Fitzgibbon for the defendant. '...-■•■■ Mrs. Lae, under cross-examination, admitted that during tbe last five years

there had been frequent trouble about payment of rent. On three occasions at least the' bailiff was put in, and was withdrawn, on the understanding that he could come back, at.the request of witness. Sho admitted that the agreement entered into for the payment of. '» weekly rent was broken. Sho know' sho would have to pay the amount of the guarantee by her brother. For the defence, Mr. Fitzgibbon rais-' ed as tho main point the meaning of the word "furniture" in the Distress and Replovin Amendment Act, 1913, as an auswor to the further cause of action. It is the first time the question has been raised in New Zealand. Plaintiff claimed exemption of £50 on the furniture, but Mr. Fitzgerald contended "furniture" only applied to household goods, and not ithe contents of a shop or restaurant. Legal argunient was adjourned till Tuesday morning. WAREHOUSEMEN'S CLAIMS. Tho Commercial Agency, Ltd., as assignees for Hoberts Ltd. (Mr. A. R. Meek), sued G. E,.-Blake, auctioneer, Cuba Street- (Mr. P. W. Jackson) for £1 155., being costs on an original summons for £48, for goods, etc., and costs. Defendant purchased the goods on September 17, but he contended they were set forward to September 2U, which, according to warehouse custom, Rave him till November 10 to pay. Ho paid up on that date, and therefore contended that costs on the summons should not be allowed. Plaintiff held that the goods were not set forward to September 20, and th# account was really due on October 10. Defendant produced a sta/fcment set forward to September 20, which he 6aid was the only ono he received. The Magistrate said he was not prepared to allow the costs, as the arrangement set out by the document had to be considered as binding on the plaintiff. " > Messrs.. Mackay, Logan, Caldwell, Ltd., also proceeded against the same defendant for £50 13s. 6d., balance of account. Defendant, had paid a portion of his . account, ■ and contended that ho was allowed until December 10 to pay the balance. Judgment was reserved.

CIVIL CASES. Judgment was given for plaintiff in the following undefended civil cases :— Veitch and Allan v. Claude Roger Simnionds, £3 17s. 2d., costs 11s.; D.I.C. v. Miss Rita. Jenssen, 16s. 6d., costs 10s;; Dresden Piano Co., Ltd., v. Charles Paine, £15 17s. Bd., costs £1 •2s. 6d.; Alexander Nicol v. Arthur K. Hopkins, £12 7s. Bd., costs £1 10s. 6d.; Stanton and Evans v. Mrs. T. Wilson,£2 10s., costs 11s.j O: and A. Odlin Co. v. Henry Bradshaw, £9 14s. 2d., costs £1 3s. 6d.; same v. Arthur D. JBlick, £42 19s. lid., costs £2 145.; Welsbach Light Co. :of Australasia, Ltd.Vv. Richard Ridsdale £10 95., costs £1 10s. 6d.; D.I.C. v. Edward Welch, £3 165., costs 10s.; same r. Mrs. E. Fusisard, £8, 13s. Id., costs £1 3s. 6d.; same v. R. W. Phillips, £5 155., costs £1 3s. 6d.; J. Keir v W. Scanlon, 195., costs 55.; D. L. Kelly v. T. 0. Amos, £1 15.'6 d... costs 55.; Commercial Agency v. Donald Green, £4 10s., costs 10s.; Gold and Arcus v. L. T. Cobcroft, £1 12s. 10d., costs 5a.; A. D. Kennedy and Co., Ltd., v. Donald Green, £9 155., costs 55.; Gold and Arcus v. Donald Mimro, £2 11s. 7d., costs 10s.; Mossi's. Viin'Stavorcn Broi. v. S. R. Lovell, £9 18s. 3d., costs Bs.; J. Rod and Co. v.' Edward Griffin, £3 Bs. 9d., costs 55.; Sliarland and Co., Ltd., v. D. Green, £5 17s. 6d., costs £1 3s. 6d.; Harcourt and Co. v. Anaru Eketono, £5, costs 10s.; Downs Bros, v. Richard Ridsdalo, £9 os. 7d.; costs, £1 3s. 6d.; W. H. James v. Michael Sweeney, £2 9s. 7d., costs 10s.-; Kempthorne, Prosser and Co., Ltd., v. Mre. M. Hamer, £5 10s. Bd., costs £1 Bs. 6d.; R. Hannah and Co., Ltd., y. Mrs. Florence! Kennaday, £9 la. 3d.,' costs £1 2s. 6d.; Wellington Butchers' Union v. Chas. M'Carthy, 11s., costs 65.; Edward Collie, Ltd., and 0. and R. Beere v. Jos. Harold Moore, £34 Is. 3d., costs £2 145.: Major Jones v. Gibson Coulter, £15 6s. 5d., costs £2 9s. 6d.; Paul Detrich v. Mrs. Ethel Fox, £3 17s. 6d., costs 15s. 6d. -O. T. Nordell v; Wm. Wilson, £12. costs £1 10s. 6d.; A. D. Kennedy and Co., Ltd., v. Wm. Eagle, £18 14s. 10d., costs 175.; Frederick Peter Simeon v. Wm. Douglas, £.2 Bs., costs £1 175., and possession; R. Martin, Ltd., y. Wm. Herbert, Booth, £15 4s. lOd., costs £1 10s. 6d.; R. A. Jameson v. Wellington Bedstead. Co./ Ltd., £43 2s. Cd.; costs £2 145.; G. R. Dun and Co.. v. .Messrs. Beatfciaand Lomas, £10 6s. 3d., costs £110s.'6d. Alex. Smylo was ordered to pay the Dominion Clothing Co. the sum of £3 18s. 7d. before January 5, in default four days' imprisonment. . POLICE CASES. A short sitting of the Magistrate's Court yesterday was presided over by Mr. D. G. A. Cooper, S.M. ' The following perions were convicted for drunkenness—-Norman Campbell and John Walsh, each fined £2, m default one month's imprisonment; Alex.aiidcr Gibb was fined 205,, and Thomas Morris was _ fined 10s., : or forty-eight hours' imprisonment; and two first offenders wore dealt with in the usual manner. ' Margaret Smith and Alfred Palmer Ross were convicted and discharged on charges of drunkenness, and oaih fined 10s., in. default 48 hours' for refusing to leave licensed premises when requested to do so. , • •, ■ '