MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2519, 21 July 1915, Page 11

MAGISTRATE'S COURT

CIVIL CASES

SEQUEL TO HUTT ROAD ACCIDENT The sequel to an accident on the liutt Road, on May 5 last occurred in the Magistrate's Court yesterday, when Daniel Anderson, motor-driver, sued William Haines, jun., butcher, for £44 lis. for damages caused through the accident. Plaintiff alleged that lie vas driving his car along the Hutt Road towards Petone about midnight on the date in question. He was on the correct side of the .road, and „his four lamps were alight, when suddenly, about a mile past Kaiwarra, a horse and. cart came out of the darkness and collided with plaintiff's cart. 'The cart was imliglited, driverless, and on the wrong side of the road, and was the property of defendant. Plaintiff accord-, mgly claimed the amount mentioned as damages inflicted on his car. Defendant counter-claimed for £4 155., alleging that the accident was caused through the. negligenoe and unskilful driving of plaintiff. Mr. H. F. O'Leary appeared for plaintiff, and Mr. C. "W. Nielsen for defendant. After a partial hearing the case was adjourned to Thursday.

ALLEGED MISREPRESENTATION. Judgment was given by Mr. D. G. A. Cooper, S.M., ill the case Emily Van Bieda v.- Sidney Robjohns East, in which-plaintiff claimed £40 paid by her for an interest in a patent process known as the Blaine Water-proofing-process. Plaintiff alleged that the money' had been obtained by misrepresentation and fraud; • The Magistrate gave judgment for defendant, holding that any representations made by defendant were not made' wilfully and were believed to bo true. Mr. E. K. Kirkcaldie appeared for plaintiff and Mr. P. W. Jackson for defendant.

CLAIM AND COUNTER-CLAIM. A conclusion was reached in the civil dispute in which'.the Merchants' Security Association claimed from W. J. Grose, dental mechanic, £8 Is., for money alleged to-be duo and owing..Defendant counter-claimed for £100 as damages alleged to be sustained:through the unlawful seizure by plaintiff Sf goods and property of defendant. Judgment was given For plaintiff for £5 Is., with costs £4 165., on the claim, and on the counter-claim for defendant for £10, with costs £2 2s. 4d. Mr. W. L. Rofhenberg appeared for plaintiff, and Mr. A:.W. Blair for defendant. .

ABOUT A COFFEE STALL. 'A dispute about a four-wheeled coffeestall was heard by Mr. D. G. A. Cooper, S.M., Messrs. Pithcaith'y and Co. claiming from R. T: Bickerton possession- of the stall in question, or £15, its value along with £11 lfis. (3d. damages. After hearing the evidence, the Magistrate gave judgment for plaintiff for £10, or the return of the stall, with costs £3 ISJs. Mr. J. S. Barton appeared for plaintiff, and Mr. W. Terry for defendant..

DEFAULT DEBTORS' LIST, Judgment was given for plaintiff by default by-Mr. D. G. A. Cooper, S.M., in tlie following undefended civil cases: —Ballinger Bros. v. Fred. H. Wilkinson, £22 17s. (id., costs £2 145.; City Council v. Hesry Leonard Jenkins, £6 14s: 7d., costs lis.: same v. Andrew M'Beath, £9 3s. 4d., costs Bs.; F. J. Pinny, Ltd., v.- Herbert Compton, £29 6s. 4d,, costs £2 17s. ; Public Trustee (trustee for Margaret Wilson) v. Robert John Wilson, £25, costs £2 45.; Charles 6: Watt v. S. A. L. Clark, 19s. 6d„ costs 55.; E. J. Parker v. Reginald Fury, £3 10s., costs 10s.; John Edward Hume and Arthur Granville Hume v. Thomas Burt, £69 12s. 6d., costs £4 4s. Gd.; R. Martin, Ltd., v. A. E. Lawrence, £46 lis. 5d., costs £3 6s'.; E. J. Hyams, Ltd., v. the Now Zealand Sports and Pastimes, Ltd., £43 14s. Id., costs £1 36.; Stewart Timber, Glass, and Hardware Co., Ltd., v. John James Powell, 15s. 3d., costs £1 Ss.; R. Martin, Ltd., v. C. H. Nasli, £2 10s., costs : os.; City Council ,v. Walter Read, £15 16s. Bd., coste 15s.

' JUDGMENT SUMMONS. M.' M'Donald was ordered to pay W. Wynne £8 lis., on or before August 3, in default eight days' imprisonment. In the caso Rebecca Pcgdcn v. Robert Agnew M'Calkm, a claim for possession of a house, and rent £15 10s:, judgment .waa given for..plaintiff foi; the

amount claimed, and possession before July 27, with costs £2 6s.

POLICE CASES. (Before Mr. 1). G. A. Cooper, S.M.) Charles Henry "Williams was convicted and discharged for drunkenness, and filled £2, with an option of 14 days' imprisonment for using obscene language, and ordered to pay tho cost of a constable's cwit, which ho had damaged, in default 14 days' dotontion. Charged with drunkenness, Thomas William Waters was fined £3, in default 14 days' imprisonment, and Harry Spencer fined 10s., or 48 hours. Eight first offending inebriates wero dealt with.

Harold Harding Howell appeared on remand, charged with forgery and uttering at Wellington, and four charges or false pretencos elsewhere. 011 the application of Inspector Hendroy, Howell was further lemanded until to-day.