PECULIAR CIRCUMSTANCES.

Dominion, Volume 8, Issue 2443, 23 April 1915, Page 7

PECULIAR CIRCUMSTANCES.

A case with rather unusual features was hoard by Mr. \V G. ltiddell, S.M., W. 11. Tisdall proceeding against A. A. Yates, of Hotorua, for £3 2s. for fishing tacklo supplied bv him to defendant. Mr. H. F. Von Haast appeared tor plaintiff, and Mr. H. Hill for defendant. .Defendant alleged that plaintiff had assigned the debt to tho Commercial Agency, while counsel for the defenoo raised, the point as to whether tho right, party was proceeding as plaintifl against his client. Counsel said that ho understood from an oxtraordinar.y communication received I'roui tho igeney t-licti llm agency should have, hecu the plaintiff. Counsel added that the letter Irom tho agency requested payment to be. made to them instead of Tisdall. saying thai, even if defendant, paid the money to Tisdall he was still lia.blo to the for t-h* tftwMNt• An o r«!9tJli.| daieadant had susuentiecl paj;»sut as

he was at a loss to know whom to pay tho amouut to.

Counsel for plaintiff replied that there had been no assignment to tho Commercial Agency, tho agency had only been asked to collect tho money. Plain tiff was quite within his rights in taking the action against defendant. Counsel for the defence replied that because of the letter from tho Commercial Agency his client had been put to tho expense of coming to Wellington Iroin Rotorua. Defendant was perfectly willing to pay the money to plaintiff, but not again to tho Commercial Agency.

The Magistrate replied that the Commercial Agency had 110 standing in the case, and that if defendant had Seen put to expense he had a legal remedy. Judgment was given for plaintiff for tho amount claimed, with costs Us.

TWO STEWARDS AND A CAPTAIN.

An unusual claim was heard before Jlr. G. Cruickshank, S.M., two ship's stewards, William Henry Kelly and William Mall'ord Begg proceeding against Captain Starck, tho master of tile lonic, each for 15s. for ono and a half days' pay while in the defendant's employ. From the evidence it appeared that the two plaintiffs were engaged on the lonic, but that after one ana a half days' work they learnt that the wages under which they were expected to sign on were lower than the ruling rates. Consequently plaintiffs would not sign on, and defendants refused to give them any pay for the day and a half work done already. In their evidence plaintiffs said that tliej had been a6ked to sign on for £2 a month, and £1 war risk, while the rates in New Zoaland for stewards were £5 10s., and £4 for second steward. Defendants held that plaintiffs were simply passage workers, and as such were not entibl<jd to New Zealand wages. ill giving judgment, the Magistrate said there appeared to have been some misunderstanding between the two parties. Each plaintiff was entitled to ss. for the work done, as they had during that time received food and lodgings on board the vessel. Costs allowed totalled Us. Mr. A. H. Hindmarsh appeared for plaintiffs. Judgment was reserved in tho oivil dispute Charles C Wyett v. Inglis Brothers, in which plaintiff claimed from defendant £20.

POLICE CASES. Mr. G. Cruickshank, S.M., presided over a sitting of the polico cases at the Magistrate's Court yesterday. Albert. Edward Mosey, charged with failing to provide his infant child with adequate maintenance, was ordered to pay 10s. per week. Mr. P. W. Jackson appearod for complainant. Edward Kreeft, who managed to get drunk on two occasions on Wednesday, was fined £1 in default three days' imprisonment on one charge, ana convicted and discharged on the other.

Thomas Ridout was convicted and discharged for drunkenness, and fined £1, in default three days' gaol, for' damaging property of tho New Zealand Government, valued at 7s. 6d., and ordered to make good the damage done. John. Bileby was convicted and discharged on a charge ol' helpless drunkenness.

Mabel Cairns, a young woman, was' convicted and discharged for attempted suicido.

DEFAULT DEBTORS' LIST. Judgment was given for plaintiff by' default-in tho following undefended civil, cases by Mr. W. G. Riddell, S.M.: — Kirkoaldie and Stains, Ltd., v. Mrs. H. Stevenson, £1 Is. Bd.. co6ts 55.; Mrs. E. Connolly v. Mrs. Alice Smoothy, nee Miss Alice Broadbent, £3 os., costs 10s.; Green and Davis v. Hira Parata, £6 10s. Id., costs £2 3s. 6d.; Novelties, Ltd., v. K. L. Connell, £10 4s. 10d., costs £1 10s. 6d.; Sharland and Co., Ltd., v. F. Simmouds and Col, £5 19s. 6d., costs £1 3b. Gd. ; Rosenberg and Co. v. Mark Carter, £1 los., costs 55.: George- Doughty and Co. v. Michael Malqueon, costs lis.; Public Trustee v. S. A. Holley, £0,. costs £1 3s. 6d.; The Vacuum Oil Company Proprietary, Ltd., v. ,'E. J. Dawson, £2 145., costs 10s.; same v. R. Bunn, £(J 10s. 4cL, costs £1 3s. Gd. j W. Wiggins, Ltd., v. H. Dempsey, £22 135.,-costs £1 95.; Hooper and Harrison (New Zealand), Ltd., v. G. D. Jones and Co., £193 4s. Id., costs £8 65.; George Doughty and Co. v. William i'atorson, costs 10s.

JUDGMENT SUMMONSES. Gilbert ! Glover was ordered to pay Rouse, Black, and Son £13 10s. by May 6, in default 11 days' imprisonment; James 11. Davidson was ordered to pay E. I. Proud £3 4s. 6d. by May 6, in default three days' imprisonment; Charles Lennard was ordered to pay Jlinina Riisterholz £18 Is. by instalments of £1 a month, first payment to be made on June 1.