MAGISTRATE'S COURT.

Dominion, Volume 8, Issue 2401, 5 March 1915, Page 3

MAGISTRATE'S COURT.

' ALLEGED NEGLIGENCE

SEQUEL TO AN EXCITING "BOLT"

The sequel to an exciting bolt of a horse and express down Woodward Street on December 10 last occurred in the Magistrate's Court yesterday before Mr. W. G. Riddell, S.M., when the City Council as owners of the building which suffered damage through the horse and lorry crashing through the window and woodwork sued the Colonel Carrying Co. for £9 los. 4d.'~damages.> v Plaintiffs alleged that the accident was duo to negligence on the part of defendants' servants: Mi 1 . J. O'Shea appeared for the City Council, and Mr. T. Young fbr defendants. The actual facts were admitted by the defence. Mr. Young,' however, raised a nonsuit point ( that it was for plaintiffs to prove negligence and not for defendants to disprove it. The Magistrate replied that he would consider this point later, but would hear the evidence first. The evidence of several eye-witnesses of the accident was to the effect that there was no negligence. Allwere subjected to lengthy cross-examination by counsel for plaintiffs. The Magistrate reserved his decision.

A DISHONOURED CHEQUE. A civil case concerning a dishonoured cheque was heard'before Mr. D. G. A. Cooper, S.M., Geo. Fowlds, Ltd., proceeding against. Arthur Walling for £8 ss. 3d. for breach of warranty. Plaintiffs alleged that defendant purchased' two shirts for 135., and gave in payment a cheque for £8 drawn by Hira Parata on the Bank of New Zealand at Otaki and payable to J. Laidlaw or bearer. It was expressly warranted that the cheque would ,be paid on presentment. Plaintiffs had delivered the goods and paid the sum of £7 7s. change. On presentment at the bank the cheque was dishonoured. ' At first defendant promised to pay,, but later disputed the amount! Mr. 0. C. Mazengarb appeared for plaintiffs, and Mr. M. Crombie for defendant. After hearing the evidence the Magistrate gave judgment for plaintiff for the full amount claimed, with costs £2 4s. His Worship remarked that he was quite satisfied that plaintiffs had cashed the cheque solely to oblige defendant, and aid not intend to release him from liability. '

MOTOR FIRMS' DISPUTE. Mr. W. G. Riddell, S.M., delivered reserved judgment in the case o£ Scott Motor Agency against Perry and Co., of Fcilding.; The claim was one of £76 18s. 5d., being balance due for a motorcar and goods supplied, together with moneys paid by plaintiff to defendant at his request. Plaintiff carried on a motor in Wellington, and defendant acted as his agent in Feilding for a considerable time. Plaintiff supplied car accessories to defendant, : for which' monthly accounts were rendered, and in 1913 the defendant disputed the amount wbich plaintiff claimed was due by him on the account between them. After reviewing the facts of the case the Magistrate said from the whole claim, £76 14s. 5d., there must be deducted £27 6s. 6d., leaving a balance of £49 7s. lid., for which plaintiff was entitled to judgment. Costs, £6 lis., were allowed. Mr. E. M. Sladden appeared for plaintiffs, and Mr. H. E. Evans for defendants.

POLICE CASES. THEFTS FROM HOTELS. Mr. D. G. A. Cooper, 8.M., dealt with' the police cases at the Magistrate's Court yesterday. . . •Further hearing of evidence in connection with the . charges against Arthur Ohas. W. Pearce was continued. Pearce was chargedl (1) with the theft of. jewellery and money, valued at £9 155.,' the property of Daisy Amy Lazella from the Empire Hotel; (2) theft' of an overcoats and razor from the Masonic Hotel; (3) theft of £3, the property of Maud Hamer, from the Panama Hotel. Evidence was raven by Daisy sAmy Lazella that jewellery and money which she" kept in a purse in her room at the Empire Hotel was stolen during :her absence.. Similar evidence was given by Edward W. Dooley and Alfred P. Truda that property was stolen from ■their rooms at the Masonic Hotel. Maud Hamer also gave evidence that the contents of her handbag, £3, had been stolen from the Panama Hotel on February 20. The same morning accused had:come to'the bar of the hotel and had ordered a drink. Although he could produce only' 3d. in 'payment, he swallowed the drink and went out of the bar. About five minutes later witness saw accused coming down the stairs inside the hotel. Detective Lewis said that accused had admitted to him that, he had committed the thefts. Accused pleaded guilt;? to all three charges, and was committed to the Supreme Court for sentence. Pending the arrival of_ oertain police information from Hamilton, Joseph Johnston was further remanded on a charge of altering a cheque of £5 ss. to £15 55., given him by J. Eshelby, and uttering it to the Bank of New Zealand at Kawhia.

A stowaway from off the Sydney boat, Wm. Peter Murphy, was fined the amount of the passage money, £4 10s., in default fourteen days' gaol. John Liddcll Bennett was fined 205., or three days, for drunkenness,- and £3, in default; one 'monch's imprisonment, for using obscene language For drunkenness, Mary Jane Brown was sent to gaol for a month', and Ethel O'Tool, Ernest Walter Ormerod. and Thos. Crawford Morrison were each fined £1, or three days. Eight first offenders were dealt with.

DEFAULT DEBTORS' LIST. • Judgment was given for plaintiff by default in the following undefended civil cases' Wellington Rowing Club v.' D. Duff, £4 55., costs lis.; William Talbut v. Daniel Campbell, £2 12s. 6d., costs 145.; J. Keir v. W. fe. Townsend, 155., costs'ss.; L. W. BaJkind v. Ethel Stretch, £1 Bs. 6d., costs 75.; Commercial Agency, Ltd., v. W. Palmer, £10 Os. 6d., costs £1 10s. 6d.; Howard Spackman. v. J. H. W. Uru, £3 costs 155.; R. and E. Tingey and Co., Ltd., v. York and Son, £26 18s. 9d., costs £3 3s. j Sharland and Co.. Ltd., v. D. H. Stove, £14 3s. 10d., costs £1 10s. 6d.; Messrs. Hart and Co. v. Judah Barsht, £14 10s., costs £1 12s. 6d.; Carrad and Howe v. F. E. Siuimis, £5, costs £1 2s. 6d.; Novelties, Ltd., v. C. J. Ellison, £18 17s. 10d., costs £1 10s. 6d.; P. Hayman and Co. v. C. Nisson, £1 la., costs 55.; New Zealand Acetylene Gas Lighting Co., Ltd., v. Richards and' M'Grogor, £10 4s. 7d., costs £1 10s. 6d.; Joseph Jameson v. H. V. Benge, £38 12s. lid., costs £2 175.; C. W. Price and Co. v. Mrs. Kathleen Turner, £2 145., costs 55.; Harold TV. Frost v. Kate Rogers, £7 145., costs £1 3s. 6d.; Commercial Agency, Ltd., v. B. Willianiß, £5 10s., costs iOs., same v. C. Nissen, £8 9s. 5d.. costs £1 3s. 6d.; E. W. Stills and Co. Ltd., v. The Art Memorial Co., £13 6s. 5d., costs £1 12s. 6d.; same v. A. D. G. Cumming, £5 9s. 3d., costs £1 3s 6d.; same v. Arthur Henry Goodiri, £9 18s. 10d., costs £1 lis. 6d.; W: G. Turnbull and Co., Ltd., v. D. Whyte, £18. 10s., costs £1 10s. 6d.; Veitch and Allan v. James M'Kee, £4 18s., costs 10s.; J. B. Fiulay v. IVm. H. M'Kenzie, £14, costs £1 Is. JUDGMENT SUMMONSES. L R. D. Potts was ordered to BW 0.

A. Innes 13s. 6d. before March 18,. in default 24 hours' gaol; Te Koromeho was ordered to pay Brown Bros, the sum of £5 Bs. 2d. by instalments of 10s. per. month; John Hopere Uru was ordered to pay Wm. H. S. Kinsey £4 14s. 6d. by instalments of £1 per month. AN AWARD BREACH.

W. H. Incledon, dairyman, of, Tasmaji Street, was proceeded against by the Inspector < f Awards (Jlr. W. Slaughter) for a breach, of the Dairymen's Award, in that 'lie employed a boy without. paying him award rates. Defendant failed to appear, and was fined 205., with court costs.