LAW REPORTS

Dominion, Volume 8, Issue 2437, 16 April 1915, Page 7

LAW REPORTS

MAGISTRATE'S COURT THE FLORENCE YOUNG SEASON TOURING MANAGER'S CLAIM Arising out of the recent tour of the Florence Youlig Company through tho Dominion, Victor Beck, theatrical agent, sued Stephenson and Linley, theatrical proprietors, in tho Magistrate's Court yesterday for £116 for alleged breach of contract and wrongful dismissal. Jlr. W. G. Riddell, S.M., was on the bench, while Mr. T. M. Wilford appeared for plaintiff and Mr. W. l'erry for defendants. in his statement of claim plaintiff said that by agreement partly m writing and partly oral made on November 52ti, 1914, defendants agreed to employ plaintiff as touring- manager through the Dominion for the Florence Young Company at the salary of £8 per week and expenses, the engagement to commence on December 16, 1914. Plaintiff duly, entered upon, his engagement, and on December 23 defendants wrongfully purported to give plaintiif one week's notice, determining his employment on December 30. Plaintiff claiifled: (1) £96 damages for wrongful dismissal; (2) £16 remuneration for work done prior to the engagement; (3) salary short to December 30, £4. After hearing the evidence of the' plaintiff, the case was adjourned till this afternoon.

LANDLORD AND TENANT. A dispute between landlord and tonant was heard before Mr. W. G. Riddell, S.M., when William M'Goldrick, Civil Servant, proceeded against Henry Robert Garnham for £6 19s. 6d. for rent owing, and damages done to plaintiff's. house £4 lUs., along with two keys (valued at 45.) had been handed into Court, leaving the balance of the claim at £2 os. (id. Mr. J. J. M'Grath appeared for plaintiif, and Mr. F. Ward tor defendant. Judgment was given for £1 17s. over and- above the amount paid into court, with costs los. OTHER ACTIONS. John Murray, wood and,coal merchant, proceeded against A. W. Croskery, draper's assistant, for lis. 9d., being an amount alleged to bo due to plaintiff for goods sold and delivered by him to defendant. The defence was that .110 account had been rendered until recently, while the goods were alleged to have been delivered some four years ago. After''hearing the evidence the Magistrate gave judgment for plaintiff for tile amount claimed, with costs 10s. Mr. W. Perry appeared for plaintiff, and Mr. A. H. Bmdmarsh for defendant.

. A claim for £16 12s. 2d. arising out. of a business partnership was'heard before Mr. W. G. Ttiddell, Charles Ernest Hickey proceeding against Thomson and Payne, of Napier, for this amount as comprising sundry expenses incident-, lil to the partnership. Mr. W. Perry appeared for plaintiff, and Mr. J. J. M'Grath for defendant. A non-suit was raised and the Court reserved its decision. DEFAULT DEBTOR'S L15T....... Judgment waß given' for plaintiff bj default in the following undefended civil oases by Mr. W. G. liiddell, S.M.: —Nurse E. A. Littleoott v, George Biezley, £2 25;., costs 95.; W. and G. Turnbull and Co.; Ltd., v. J. Kent, 18s. 9d., costs os.;-Green and Davis v. W. Arthur. £5 25., costs £1 Bs.' 6d._; Vacuum Oil Co., Ltd., v. Hall and Jones, £3 Bs. 6d., costs 125.; Novelties, Ltd., v. Thomas 1.-ette, £4 9s. Sd., costs 10s.; Albert Waterworth v. Frederick Butt-crfield, £1 3s. 6d., costs 55.; Indian Art Depot v. James Eraser, £2 12s. 6d., costs 10s.; Empire Loan and Discount Co., Ltd. (in liquidation) v. Frank Roberts, £2 los., costs 10s.; Forde and Co. v. Kate.Gooday, £1 125., costs 55.; E. I. Proud-v. Richard Kellett, £1 4s. 6d., costs 55.; Fulton and Co. v. R. Warren, £5 2s:, costs £1 3e. 6d.; "New Zealand Times" Co., Ltd., v. E. Hume, £7 9s. 6d., costs £1 3s. Gd.; H. F. M'Ncil and Co. v. William Thomas Thompson, £72 6s. 6d., costs £4 10s.; National Mutual Life Association of Australasia, Ltd., v. Join David Howell and Herbert Allan Howell, £35 153., costs £2 155.; George Doughty and Co. v. Thomas G. Smith; £143 Bs. 7d., costs £6 lis. 6'1.; KelburnKarori Motor Bus Co.,' Ltd., (in liquidation) v. Mrs. Margaret Rebecca Diamond, £2 Bs., costs 10s Annie Burrell Beancharap and C. P. Skerrctt v. Georco A. Waddle; £7 7s. 9d., costs £1 Ss. 6d. BY-LAW CASE. Considerable * time was occupied in tho hearing by Mr.. G. Cruickshank, 8.M.; of the cnarge against George Julian (chauffeur for Dr. Cahi'il) that being a motor-car driver he failed to stop white proceeding along Manners Street when requested to do so by a constable. Mr J. O'Sliea'appeared for the City Counoil, and Mr. A. W. Blair for the defence. Decision was reserved. POLICE CASES. TAXI-DRIVER IN TROUBLE. Mr. G. Cruickshank dealt with tho "police business at the Magistrate's Court yesterday. Philip Bennington, who failed to appear on Wednesday to answer a charge of failing to account for £13 15s. 6a. to Nellie Nightingale, but was subsequently arrested, was duly charged. Mr. A M. Salek pleaded for leniency for accused, and said that ho would plead guilty to the treh of £7 17s. of the amount having merely lost the balance. It was not so bad as a case of theft, as accused, who was a taxidriver, had just failed to give the full amount of his takings. Accused, who was a married man, had had considerable family expenses to meet lately. In explaining the circumstances of the theft, Chief-Detective Boddaiu said that the money had beeii kept back by accused from March 19 to 29, and finally, without g : viug his employer notice, he left the motor-car he was employed on on the stand without a light or without anyone in. charge. The Magistrate said he would like to hear the Probation Officer's report before he sentenced accused. A remand was accordingly granted. A "SPONGER" AND A "LOAFER." John Chambers, characterised as a "sponger" and a "loafer," wa6 sentenced to three months' imprisonment on a charge of being idle and disorderly, with insufficient- means of support. He was convicted and discharged for drunkenness Thomas M'Cuskei' was sent to gaol for a month for using obscene language. I Joseph Churchill, who was responsible for damaging John O'Grady's trousers (value 12s. 6d.) was lined £2 or seven I days' gaol, and on a further charge of I drunkenness was convicted and discharged. Joseph Crane, Frank Cribley, and Patrick Deane, who were responsible for a disturbance in Customhouse Quay on Wednesday, were each fined £1 or three days' imprisonment for using threatening behaviour. For drunkenness, Patrick Connolly and Peter Hosking were each fined 10s. or 48 hours' gaol.