MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2549, 25 August 1915, Page 11

MAGISTRATE'S COURT

INTERESTING CIVIL DISPUTE A civil dispute concerning a' supply of 200 mattress covers to the Defence Department occupied tho attention of Mr. L. G. Beid, S.M., in the Magistrate's Court yesterday, W. M. Bannatjne and Co., Ltd., smug tho Drapery and General Importing Company, Ltd.. of. New Zealand for £20 ss. in this rGspect. • The facts of the ease as set forth, were that plaintiifs entered into a contract with the Defence Department for fhe supply of ft certain number of mattes covers and sheets. for one of the transports. •. Plaintiff secured these from the D.I.C. Later the Defence Department notified plaintiffs that 200 of these we're not required for the boat, but that tliey would store them at the Department's City stores. These were delivered by tlio D.I.C. and wcro found oil opening several weeks .later, to. be. 60 covers short. _ Plaintiffs accordingly claimed £20 55., representing the value'of tlie GO covors. Plaintiffs alleged that the defendants had failed to deliver. the two hundred covers, arid as they had been paid by plaintiffs for. these ''they- wore bound to. refund the £20 ss. ■ Counsel for the defence (Mr. A. W. Blair) characterised the shortago as "another testimonial to the business methods of tho Defenco Department." In giving his decision, tho 'Magistrate said tlio case was purely oho of feet. In his opinion plaintiffs had not proved tlieir case. The evidence showed that a deficiency liad been discovered in the .number of covers, six weeks after delivery. The evidence further showed that when tho covers we're' packed by defondants the full number was there. This was quite sufficient to satisfy Ilia Worship that the full'number was delivered. How there camo to be a shortago in the interval between. arrival. of the goods at the Defence stores and the unpacking was not for the Court to decide. Plaintiff would beL nonsuited, with costs approximating £2 ss. Counsel for plaintiffs, Mr. T. Neave, Applied that -His Worship fix security for appeal, and the Magistrate replied that there was no necessity for such. POLICE CASES. (Before Mr. D. G. A. Cooper, S.M.) Walter Watson, who was remanded from the previous day on a charge of stealing militaiy blankets from Trentliam, appeared to have evidence called in his favour. A railway guard, James Brown, said that Watson had approached him on the station' and said ho had found some blankets which belonged to some soldiers. On hearing this evidence His Worship said lie would givo W r atson tho benefit of tho doubt as to whether he intended to steal the blankets, and would dismiss the charge. ' Kate Sweeney was lined 405., with the option of saren days' imprisonment, for drunkenness, and fined £5 or one month's gaol'for using obscene language. For drunkenness, William Almond wassentenced to one month's imprisonment, Peter Mulcahy lined 405., in default seven days' imprisonment, and Edward Wilson finejl 205., or three days. Two first offending inebriates' were dealt with. .DEFAULT DEBTOR'S LIST. Judgment was given for plaintiff by default by Mr. L. G. Reid, S.M., in tho following undefended, civil cases:— Stewart Timber, Glass, and Hardware Co., Ltd., v.- Arthur Bernard Reade, 17s. 6d., costs 10s.; AYairarapa Farmers' Co-operative Association, Ltd., v. Fredric Chapman Galo, £21 7s. 9d. costs £2 145.; L. W. lialkind v. Edgar Shaw, £3 4s. 6d., costs 55.; samo v. Ellen Johnston, £1 10s., costs os.; same v. Arthur Bayliss, £2 125., costs os.; samo v. Mary Daly, £2 55., costs 75.; same v. William and Maud Wells, £3 6s. lid,, costs .103.; same v. 0. Johnstone, £2 55., costs Bs.; Miss M. Murray v. F. G. Millman, £2 2s. 6d., costs 10s.'; J. IC.®Wilson v. William Scanlon, 15s. 9d., costs 55.; J. B Cla'rkson and Co., Ltd., v. W. Friar, £1 16s. 5d., costs 75.; William Hobbs v. Mrs. Beatrice Davis, £5 10s., costs £1 3s. 6d.; Mar.v-Agnes Hamertou. v. Stanley E. Read, £30 Bs., costs £2 145.; City Council v. Charles Bolton, £12 2s. 2d., costs 175.; Oliver Witton Clayton''v. William John, and May Lyon, £3 125., costs 135.; Henry, Percy. De'Krueeiy

Wyat-t v. George Waddie, £3 10s., costs 3s. In the case Jolian If en rich Meyer v. William H. M'Carthy, a claim for £16 10s. and possession of a tenement, judgment was given for plaintiff with £2 6s. costs. JUDGMENT SUMMONS. Olive Gertrude Bassett was ordered to pay Charles Francis Edwin Murphy 12s. 9d. by September 24, in default two days' imprisonment.