MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2365, 22 January 1915, Page 9

MAGISTRATE'S COURT

INTERESTING CIVIL CLAIM

DECISION RESERVED 'A' claim of some interest to shippers of cargo .was heard before Mr.' W. 6. Riddell , S.M., in the.; Magistrate's Court yesterday afternoon) when E. T. ' Taylor 'arid Co., Vine and spirit merchants of Wellington, proceeded against the New Zealand and African Steamship Company, Ltd., for £5 13s. 3d. The statement of claim alleged that on September 25, 1914, defendant company received at Sydney for carriage to plaintiffs, at Wellington, five quarter casks of brandy, the same to be safely and |eourely carried io Wellington. The casks were shipped on the Surrey, and on arrival at Wellington through the alleged! negligence of the. defendant one of the five oasks was found to be "in a damaged condition and empty. Plaintiffs claimed accordingly- £5 18s. 3d. damages. Mr. T. W. Young appeared for plaintiffs, and Mr. A. W. Blair for defendants.

Counsel for the defenoe contended that as the evidence showe dclearly that the .cargo in question had been perfectly stowed plaintiffs must show other negligence, and even if they showed this negligence, they could not succeed. The Magistrate intimated that he would reserve his decision • • A FORCED PAYMENT. - A civil oase heard before Mr. W. 6. Riddell, S.M., was one in which Awiie, Robina Lee, wife of H. Lee, : farmer, oi Frankton Junction, claimed £13 10s.. from Burdon Bros., fanners, of_ Wai-riui-o-mata. The statement of olaim set out that the amount claimed represented value of one steer and 1 a gig, and cash' unlawfully demanded by the de-' fendants from plaintiff and paid by plaintiff, under protest, on May' 9, 1914, in order to obtain the release of certain cattle unlawfully 6eized by defendants. Mr. A. W.- Blair appeared for plaintiff, and Mr. 0. Eeere for defendants. After hearing the evidence, the Magistrate gave -.judgment for plaintiff for £5, with costs. ' DEFAULT DEBTORS' LIST.' Judgment was given for plaintiff by default in the following undeiended civil oases by Mr. W. (i. ltiddell, S.il. Laws and .Manning v. Andrew Reid, £3 lis. Bd., costs lis; ; E. Norton and Co. v. Arthur Vincent, £6, costs £1 3s. 6d.; D.1.C., Ltd., v. ■ W. P. 'Saimon, £5 14s. 9d., costs £1 3s. 6d.; W. A. Gemmell v. H. Wright, 17s. 6d., costs os.; Wellington Drivers' Union v. John M'Coll, £1 35., costs, 75.; Veitch. and Allan v. C. Kerar, £ll Is. 10d., costs £2 -6s. 6d.; J, F. Turnbull v. Alfred Harris, £1 Os. 5d., costs 75.; John Brodie and Co. v. G. W. Gibbs, £34 12s. 5d., costs £2 155.; Wellington Painters' Union v. John Walshe, £1 65., costs 55.; Blundell Bros., Ltd., v. Jackson and Searle, 10s., costs Bs.-B. Smith v. Samuel Mason, £1 4s. 2d.-, costs 75.; J. R. Burley - v. Nils W. Peterson, £2 18s. lid., costs lis.; D. I'. Jones v. To Koroneho, £9 10s., costs £1 Bs. 6d. ; P. Hayman and Co. v. F. J. Shuto, £23 1-ls.-, costs £2 145.; same v-. D. Whyto, £40 16s. lid., costs £2 .145.; same v. H. G. HouldsWorth '£13 135., costs : £1 10s. 6d.; R., Martin, Ltd., v. T. Peters, £5 14s. Id., costs £1 3s. 6d.; P. Hayman v. W. Draper, £6 Bs. 7d., costs £1 3s. 6d. i R. Martin,' Ltd., v. H. Strong, £68 ss. 7d., costs £4:45. j Robert JEdward flowell r. 0. A; Glazehrook, £1 35.: 6d.; Jaokson and Co. v. D. Fra'ser,-£6 17s. 65., oosts £1 Bs. Bd.; Empire Loan and Discount Go., Ltd.. (in liquidation), v. Gregory' Barrett and Alioe M. Barrett, £12 2s. 6d,, costs £1 18b, 6d.Mrs. May M'Kenna v. . F. Marks, £18, costs £1 10s' 6d.; E. Rosenberg and Co. v. R. H. Eastman, £4 6s. 9d., costs j Os: N.Z. Express Company v. J. W. Williams, £5 155., costs £1 Bs. Bd. { Magnus Sanderson and Co., Ltd., v.- Albert Edward Clement* £85 17s. 6d.,-costs £1 3s. : John Chambers and Son. Ltd., v. T. Sargeson,- £2 4s. Bd., costs 18s.; Commercial Agency, Ltd., v. Richard Ridsdale, £18 2s. 10d., coats £1 10s. fid.: Office Appliance Co., Ltd., v. W. H. Young, 18s 6d., costs ss. • Vacuum Oil Company. Ltd., v. FT. M. Mninw'aring, Bs. 4d., costs £1 10s. 6d.; same v. Donald Green. £13 10s.. costs £1 ] Os. 6d.: Thomas Waugh v. Horace Graham Butter, £3 10s., costs 10s.

JUDGMENT SUMMONSES. James Ross Praaer was ordered to pay the W.F.C.- Association, Ltd., £22 19s. 3d. by instalments of 10s. per month as from March I.' Wm. Percival Salmon was ordered to pay the Te Aro House Co., Ltd., £18 10s. lOd. by February 4, in default 21 days' imprisonment. P. A. Butterfield was ordered to pay Alcock and Co., Ltd., £l.(js. 2d. by February 24, in default 24 hours' gaol. H. J. Fraser ordered to pay E. S. Cliff £17 19s. 3d. by instalments of 10s. per month as from February 1. John Caleb Trickett ordered to pay Wm. Campbell £20 ss. 9d. by February 4, in default 21 days' gaol. In the case Ghas. Begg and Co., Ltd., v. Joseph Ashton, a claim for the return of a piano, valued at £50, and for £37 13s. 6d., judgment was given for the latter amount, with costs £5 lis. ■ POLICE CASES Mr. D. G. A. Cooper, S.M., presided over the police business of the Magistrate's Court yesterday morning. Wm. Harrison appeared on remand charged with .being a rogue and a vagabond in' that he was found by night without excuse on the premises of the Dominion Motor Vehicles Co. A sentence of • three months' imprisonment was imposed.

A young man named Harold Peter Keogh was, on the application of Mr. H. F. O'Leary, remanded to January 27, on a charge of failing to make adequate provision f or the future maintenance of his unborn illegitimate child. Mr. P. W. Jackson appeared for complainant. Bail was allowed in £50.