MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2336, 18 December 1914, Page 7

MAGISTRATE'S COURT

AN INTERESTING JUDGMENT 'An interesting judgment was delived by Mr. W. G. Riddell, S.M., in the Magistrate's Court yesterday, in respect to a civil dispute, Macky," Logan, Caldwell, and Co. v. G. E. Blake, a claim for £60 13s. Bd. It was claimed by defendant that the amount sued for was'not due at the time the summons was issued, as under the district rates shown on plaintiff's statement of account, rendered prior to October 20, purchasers of goods are allowed certain discounts if they pay within certain definite periods of time -calculated from the date of- sale. For tho defence it was furthor argued that the goods sold by plainstiffs to defendants wore subject to the conditions shown on the discount rates adopted and agreed to by members of the Merchants' Association. The practice of allowing discounts amounted to a trade custom which attached to contracts of sale such as between plaintiffs and defendants.

In giving judgment the Magistrate remarked, in reference to this_ point, that tho custom was not universal, and did not apply equally to every customer. It had not, therefore, the force of a rule of law. Neithor was there any consideration from defendant to support such a promise on tho part of plaintiffs. It_ amounted merely to a concession given by vendors such as plaintiffs ■ to their customers, but it did not confer a right upon the enstomor to demand tho time for payment shown in the discount table unless this was specifically agreed to by tho vendor. It was obvious, continued tho Magistrate, that such a concession could not be claimed by evory person buying goods from plaintiffs, and as tho vendor was parting with his goods tlio privilege was with him to say whether tho transaction was a. cash one or on terms. If terms wore not specifically arranged between the vendor and purchaser, then tho presumption was that tho salo was one for cash. In tho present case plaintiffs' evidence was to the effect that jio terms were arranged. Defondant also said that there was no specific agreement made, hut velied on wlmt they said was a trado custom applicable in this case. It was admitted that a demand had bwn wade by pl«iniifta' miemintaut f<ll , j» ma. Jiw. om srae slear^

ly upon defendant to prove any other arrangement, and this had not been done. Judgment was given for plaintiff for £60 13s. 6d., with coets £i 12s. 6d. Mr. A. It. Meek appeared for plaintiffs, and Mr. P. W. Jackson for defendants. OTHER CIVIL CASES. 'A olaim for money lent and goods supplied was heard beforo Mr. W. G. Riddell, S.M. T. and W. Young, wine and spirit merchants, sued Mrs. E. E. Howcll, Wentworth Hotel, for £120 109. 4d. Tho sum of £109 Bs. 2d. was alleged to bo tho amount of money lent by plaintiffs to defendant on May 14, 1911, and which had not boon repaid, and £11 Bs. 10d. for goods alleged to have been supplied on June 4, 1913. Mr. E. M. Sladdon appeared for plaintiffs, and Mr. A. W. Blair for defendant. Judgment was reserved. Reserved judgment was delivered by Mr. W. G. Riddell. S.M., in the civil claim Garnett Freak. Norton v. John Gustavus Jacobson ? a claim for £87 11s. 9d. _ Plaintiff was nonsuited on the first item of the claim, and was given judgment for the balance, £28 Bs. 3d., with costs £6 7s. Mr. D. Smith appeared for plaintiff, and Mr. A. W. Blair for defendant. A civil dispute concerning the cleaning and repairing of a motor-car was heard before Mr. W. G. Riddell, S.M. A. J. Dingle, motor engineer, of Wellington, proceeding against Dr. H. Steele, of Willis Street for £7 13s. 9d. in this respect. Defendant paid £1 Is. 9d. into Court in full settlement. Mr. E. K. Kirkcaldie appeared for plaintiff, and Mr. D. Smith for defendant. After a partial hearing the case was adjourned to Saturday morning at 10 o'clook. ■ DEFAULT'DEBTORS' LIST. Judgment was given for plaintiff by default of defendant in the following undefended civil cases by Mr. W. G. Riddell ,S.M.:—R. and E. Tingey and Co., Ltd., v. Arthur B. Reade, £44 9s. 2d., costs £3 95.; Macky, Logan, and Caldwell, Ltd., v Abraham Barsht, £13 18s. Id., costs £1 2s. 6d.

POLICE CASES (Before Mr. D. G. A. Coopor, S.M.) For some days ■ past a number of houses in the vicinity of Granf Road and Tinakori Road have been visited by night and jewellery, wearing apparel, iuid goods stolen. On Tuesday night last Constable Tricklebank watched through the night in the hope of catching the burglar, but without any result. Hβ persevered in his watch, however, so that five minutes after midnight on 'Wednesday he caught a man endeavouring to enter a house in Tinakori Road. Hβ effected a smart arrest, and conveyed the man to the police station. The man, whose name is George Slavisch (a Servian by nationality)., appeared on a oharge of at-' tempting to break and enter tie dwelling of Arthur Illingworth Grabham; 30 Tiiiakori Road, with intent to commit a crime. A remand was granted to December 23. Kathleen Van Cant was remanded to December 21 on charges of drunkenness and wilfully damaging a window, valued at 20s. The remand was made as defendant is at present in the Hospital, suffering from the results of thrusting her hand through the window. Mary Johnson was fined 205. ; or seven days' imprisonment, for wilfully damaging two panee of glass, valued at 10s., the property of Dwan Bros. For insobriety John Pryor (prohibited) was' fined £1 or forty-eight hours' imprisonment, and William Heaps was fined £1 or three days' imprisonment.

ARBITRATION COURT NAPIER CARPENTERS' AWARD. An award based for tho most part Tn tho recommendations of the Counof Conciliation, and similar in its terms to the awards made recently in Wellington and other industrial districts, has been filed .by the Arbitration Court with tho Clerk of Awards (Mr. G. S. Clark) in the dispute between the Napier, Hastings,. Waipukurau, and Daunevirke branches or the Amalgamated Sooiety of Carpenters' and Joiners' Industrial Union or Workers and the employers. The schedule provides for a 44 houre' week, and the minimum wage for journeymen carpenters and joiners is fixed at Is. (3d. por hour. Men. in charge of outside jobs are allowed Iβ. per day extra. Piocework is prohibited except in respect to stair building, and work must not be sublet (labour only). Overtime rates- are fixed at time and a quarter for the tiret two hours; time and a half after the first two hours until 10 p.m.; doublo time between 10 p.m. and 7.30 a.m., and double rates for all work done on holidays. Workmen required to commence work aftor 6 a.m. and before 7.30 a.m. are to be paid time and a quarter. Apprentices' wages are fixed as follow:—Farst year, 'ss. per week; second, 10s.; third, 156.; fourth, 20s. J fifth, 255. Provision for under-rate workers, travelling time, suburban and country work, and preference is also made. The award comes into operation on December 21, 1914, and terminates after December lb, 1916.