MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2555, 1 September 1915, Page 9

MAGISTRATE'S COURT

A CARNIVAL COMMITTEE IN TROUBLE

civil dispute arising out of tho re- i cent Carumu, was heard by Mr. D. Ct. - A. ■ Cooper, S.M., in the Magistrate's ; Court yesterday, Michael O'Kane proceeding against the West Coasters' Carnival ( Queen Committee for the sum 'of ,£lB 6s'. ' i'. being the amount of printing which 1 plaintiff considered tho committee liable ?°F' „'^ le sum ■&> 13s- Id. was paid into Court by defendants. Mr. H. ]?: 1 0 Leaity- appeared for plaintiff; Mr. J. F. j W. Dickson for the defendant secretary ] of the committee (Denis Michael Byan); '. Sir. W. Perry for the following members j of the committee:—Carl Pfaff, Frank , M'Parland, Bobt. Yinsen, John Bailey, -and Edward.Gallichan;. Mr, J. J. M'Grath ' (a member of the committee) watched tho 1 case in his own interest. • Prior to the opening: of the case Mr. • M'Grath remarked that ho had under- i stood that the case was to l>e referred, i to arbitrators. To this, Mr. O'Leary replied that an endeavour had Ijeen made to refer the matter to arbitrators, hut nothing had re- , suited. ' Mr: Perry remarked that it was plain'tilf's own fault that the case had not been settled, as members of the committee had approached him and offered .£25. beside the sum of £5 paid into Court to settle tho matter. Plaintiff hacT.rofused this. At this, stage the parties agreed to adjourn for ten minutes to. ascertain if there was a possibility of arriving at a settlement. At the end of this time Mr. O'Leary announced that the case would have to go on. In. opening the case for plaintiff, Mr. O'Leary said that at a meeting of the defendant committee it was decided to purchase 5000 letter-pads. Later the quantity was reduced to 2000, special authority being given to purchaso from plaintiff. _ . Evidence was given, by plaintiff to the effect that he received orders at'various times from the secretary of the defendant committee, and that altogether about . 2000 pads had been supplied. / Witness was subjected to a severe crosseiamination' by defendant counsel. Denis Michael Byan, secretary of defendant committee, said that it had been decided to order 5000 pads.- Later, menir bers of the committee had objected to such a large .number being purchased, and-iu the meantime witness had ordered by telephone 1000 pads from plaintiff. Witness was of opinion that plaintiff had confused this order .with an. order for othgr goods made at the same time. Laterj when the payment for 2000 .pads came before the defendant committee, members objected to the account, and Messrs. M'Grath and Galliclian were deputed to 1 interview plaintiff on the inattei\ ' At this stage the case was adjourned to Tuesday next at 11 o'clock. OTHER CASES.' The hearing of the case in which James Cowio sued tho Paparoa Coalmining Co. for Mi 135., representing medical expenses, etc., incurred as the result of injuries received by plaintiff while on boad the Helen Denny on May 14. After hearing evidenco and legal argument, the Magistrate reserved Ilia decision. Mr. P. J. O'Eegan appeared for plaintiff, and Mr. C.. H. Treadwell for defendants.. ■ . A dispute partially heard, was' that in which John Launder, land and , estate agent, of Wellington, sued George M. Winchcombe, stationer's assistant, for-£2l 175.. Gd., being-commission oh the sale of a property for .£675. Further', hearing of the case was adjourned to Friday morning. Mr. 0. Beere' appeared for plaintiff, and Mr. J. J. M'Grath for defendant'. The Magistrate reserved his decision in tlie case, 'Albert Sanderson Collins ir. J. Martyn Hume and Rossmore C. Wilson, a claim for J3180.' Plaintiff; alleged that he had purchased preferential shares in a company, and was allotted ordinary shares, tho claim being for the difference in value. The defence was that ordinary- shares wero purchased by plaintiff and not preferential ones. DEFAULT DEBTORS' LIST: Judgment was given for plaintiff-' by default by Mr. W. G. Riddell, S.M., in the following undefended -civil cases:—Cole, Crump, and Cundy v. A. Anderson, ,£l3 10s., costs 75.; City Council •v. Michael Demuth, M 7s. 10d., costs 73.; 6ame v. Arthur David Blick, £5 3s. Bd.,' costs Bs.; Hallenstein Bros., Ltd., v. J. Duff, ill 6s„ costs 55.; L.' W. Balkind v. A.'B. Philp, .£4 2s. lid., costs 55.; same v. Thos. Eac, .£4 ss.' lid., costs ss:; 'Mrs. Ellen Maria Tocker v. Mrs. Jas. Ashbey,*'.£2 ss. id., costs 10s.; D. Bohan and' Co. v. . Theo. Collard, i!l2 13s. 9d., costs XI 103. Gd.; Whitcombe and Tombs, Ltd.,'v. A.' J. Watson, iBl 105.,' oasts 55.;, Public Trustee v. Michael Cosgriff 1 Marnane, JBIS, costs,£l.ls3. Sd.; L: W. Balkind v. Wu. Fitzpatrick, Xl 12s. 5d., costs 55.; City Council v. Percival Gibson, lis. 5d., costs 25.; E.' C. Young v. Isaac' Samuels, iCI 95., costs ss. • JUDGMENT SUMMONS. . Harold White was ordered to pay K. ' E. Howell, .£9 6s. Gd. by September li, in default nine days' imprisonment. • • ' POLICE OASES. ' (Before Mr.'D. G. A. Cooper, S.M.). On the application of Chief Detective . Boddam, Wim. Benshaw, • ivith several aliases, was remanded to appear at Auckland on September 7 on the charge of. stealing an overcoat, valued, at iS3, the property of George MTDell. ■ _ . ' A young woman was convicted and . ordered to come up for sentenco when' - called upon, on a charge of stealing a pair of boots, valued at 255., from Alfred Lindsay's boot shop. Robert Collins was convicted and ordered to pay the cost of done to two panes of glass in the house of A. H. Kellow and Robert Hill. The damage done amounted to 7s. 6d., while Collins had also to pay witness's expenses Bs. - For drunkenness, George Murray and James Palmer wero each fined Ifts., in de--fault 4S hours'- imprisonment.-.- Two first offenders were dealt with.