MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2483, 9 June 1915, Page 9

MAGISTRATE'S COURT

AN UNUSUAL DISPUTE An unusual dispute, heard by Mr. W. G. lliddell, S.M., some time ago was tho subject of a reserved judgment given by him m. tlio Magistrate's Court yesterday morning. Two estate agents, Thomson, Brown, and East, Ltd., aud J. D. Martin M'lntyre and Co., each proceeded against George Wm. Godfrey Davios. clerk of Karori, for £26 17s. 6d., being commission on the sale of a property at Evans Bay. Defendant admitted that either one firm or the other was entitled to the amount claimed. Giving judgment in the first case, tho Magistrate said that 011 the facts he did not think that plaintiffs had proved their Tight to bo paid the commission claimed, although they did some work in arranging the terms of the sale at defendant's request. Judgment would bo for defendant with solicitor's fee, £2 2s. In the other case (M'lntyre's claim), the Magistrate remarked that defendant had placed his property in plaintiff's hands for sale, which sale had been, brought about through plaintiff's agent, Chisholm, and as the relation of buyer and seller had been brought about by the act of plaintiffs' agent, plaintiffs were entitled to recover. Judgment would be for £26 17s. 6d.. with costs £5 18s. At the hearing of the first case Mr. 0. Beero appeared for plaintiffs, and Mr. M. Luckie for defendants. In the second claim Mr. A. W. Blair appeared for plaintiffs and Mr. Luckie for defondant. CONFLICTING EVIDENCE. Very conflicting evidence was given in two civil disputes heard by Mr. W. G. Riddel], S.AI., the plaintiff in each case being Joseph Stacey, contractor. In one case he claimed £7 from Herbert Leioester, motor mechanic, for a tire and tube, along with £2 damages for alleged wrongful detention. The Magistrate remarked that as the evidence was so conflicting it was impossible for him to determine the ownership of the goods, plaintiff would be nonsuited with costs. In tho second case. Herbert Leicester and W. F. Eggers, land agent, were the joint defendants. A claim of £8 was made fox ®L.^ re ?id a tube and £3 damages. His Worship remarked that here again the evidence was conflicting, "so conflicting that it is almost impossible for me to arrive at a just conclusion." Judgment would be for plaintiff for £8, with Mr. Howard Hill appeared for plaintiff in each case, and Mr. A. M. Salek for defendants. A MIXED DISPUTE. A olaim for money lent and interest thereon came before Mr. D. G. A. Cooper, S.M., Edward Ewart Welsh, carpenter, of Wellington, claiming £10 from Robert Glennie, plumber, in this respect. The claim arose out of a previous civil dispute concerning a sum of £10, a pair of binoculars, and three Persian kittens. A counter-claim had been iiled by the defenco for £9 10s., being tho value of three Persian kittens which defendant alleged belonged to him, but wbicli had been sold by plaintiff. As defendant did not appear, the solicitor for plaintiff, Mr. D. Smith, applied for judgment by default in the claim, and the dismissal of the counter-claim, but agreeing to tho rehearing of tho latter if such were applied for. The Magistrate granted the application, and allowed costs. RENT OF "THE TIFFIN." A dispute concerning the renting of The Tiffin Tea Rooms, in Manners Street, was heard by Jlr. W. G. Riddell, S.M., George Winder, importer, proceeding against Jesse Taylor, farmer, JohusonviJle, for £127 3s. 2d., in this respect. Plaintiff alleged that on July 11, 1914, he distrained, the goods and chattels of 0110 Elizabeth Lea (defendant's sister) for rent then in arrear for The Tiffin Toa Rooms. After distress had been made, defendant requested plaintiff to abaadou the same on his guaranteeing that the rent would be paid. Plaintiff agreed to this. The rent' had not been paid, however, and plaintiff accordingly claimed £122 6s. Bd. and £4 16s. 6d. interest. At the hearing of the c;iso Mr. Douglas Jackson appeared for plaintiff, and Mr.' A. Dunn for defendant. After the taking of evidence, the case was adjourned till Saturday morning, pending the discussion of a legal point. DECISION RESERVED. The Magistrate (Mr. W. G. Riddel] S.M.J reserved his decision in a civil dispute in which H. G. Anderson, indent agent, proceeded against tho Phoenix Oil Company, Ltd., Christchurch, for £59 19s. 4d., on account of 3000 ft. of wire-rope. Mr. T. Young appeared for plaintiff, and Mr. H. F. Von Haast for defendants. DEFAULT DEBTORS' LIST. Judgment was given for plaintiff by default in the following undefended civil cases: —Miller's West Australian Hardware Co., Ltd., v. Eliza Hanson, £13 19s. 4d.. cosrts £1 lis. 6d.; Jas. Smith, Ltd., v. Chas. Langley, £2 165., costs ' £1; Edward Wilkie v. Henry Matthew ' Stoweli, £0 12s. 5d., costs 10s.; Wai- : rarapi Butchery Co. v. A. T. Marshall, £1 15s. 10d., costs 75.; Wellington Fur- ! niture AVorkors' Union v. Frederick ! Chas. Cudby, £1 9s. 6d., costs 75.; John j Harold Kemp v. Thos. Wm. Macauley, , £5 os.. costs £1 ss. Od.; United Farm- 1 ers' Co-op. Association, Ltd., v. John i Rasmussen, £3 18s. 5d., costs £1 10s.; ! Wellington Piano Co., Ltd. (in volun- ' tary liquidation) v. Arthur W. Bunz, ! £6 7s. 6d., costs £1 3. 6d.; John Nor- ] ton v. J. M'Nee, £11 125., costs £110s. 6d.; N.Z. Trawling and Fish Supply ' Co., Ltd., v. Thomas Jones, £21 17s. J 9d., costs £2 195.; Jas. Smith, Ltd., v. 1 Richard H. Smith, £4, costs lis.; J. T. t Lewis v. 'IT. Munson, £3, costs 10s.; W. H. Nash v. Wm. F. Hayes, £22 14s. Bd., t costs £2 145.; J. G. Raine and Co. v. c G. Leslie and Son, £3 2s. Id., costs 10s.; Dunlop Rubber Co., of Australa- " sia v. H. J. Hinton, £3 165., costs 10s. POLICE CASES. ' Mr. D. G. A. Cooper, S.M., presided 5 over a abort sitting of the Police Court. Thomas Albert Rafter was commited ° to the Supreme' Court for trial on a t charge of indecency. He elected to be „ tried by jury, and was defended liy Mr. 11. F. O'Leary. Bail was allowed in t £50. _ 1 For indecency, James M'lntosh was « fined 405.. in default seven days' im- i prisonmcnt. Ho was convicted and t discharged for drunkenness. For drunkenness, Thomas Forsyth F was fined £3, in default fourteen days' " imprisonment, Edith Home fined 20s. c or three days' imprisonment, and a Thomas M'Ewen fined 10s., or forty- Sl eight hours' imprisonment. Three „ first-offending inebriates were dealt C with. JUVENILE COURT. • A boy of fifteen years came before tho Juvenile Court yesterday, charged with the theft of a, purse. lie was admonished and discharged, being ordered to report himself to the probation officor gj once a week for six months. At tho 01 same sitting of the Court threo children ra of the one family were committed to tho Wellington Receiving Home. a ■ 1 " ?!