MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2585, 6 October 1915, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS

A LOAN AND THE SEQUEL

Mr. W. G. Riddell,. S.M., presided.at yesterday's sittings ot". the. jSlagistrate's Court, when judgment was given iin the civil action, L. ( W. Balkiud, of Wellington, "v. :F. ,E. Enright, fireman, of Marakeke,; Hawke's Bay, a claim for 35., lailancc* due .under, bill of sale. Tha aotioii was dpfended on the ground that the interest charged by the plaintiff (Ballcind)' was; excessive.:. Defendant admitted having borrowed \£ib, and-he had signed a document to repay J3M 4s. . in thirteen monthly instalments of .£3 Bs. He alleged that he had received only ,£lB in actual cash and that ho had already repaid the sum of £15 Is.

The Magistrate, after taking all the circumstances of the case into consideration, fixed' the amount of the total debt at ,£24, and,,as Hie defendant had already paid ,£ls Is.,' judgment was given for the plaintiff (Balkind) for £$ 195., together with Court costs M 25,, and solicitor's fee »C 1 6s. An order was made that the amount of the judgment should be paid by monthly instalments" of il . 10s., the. first payment to be made on November 5 next. "

Jtr. A.- H. Hindmarsh appeared for B&lkind, while Mr. P. Wo Jackson appeared for'Enright.

;decisio.n .reserved,

The Scott Motor: Agency of Cuba Street, Wellington, sued J. 'It. Perry, motor . agent. of I'6ilding,,to recovcr tho sum of ■ balance alleged to be owing to the plaintiff by Vthe • defendant (Perry) for goods sohl and. delivered, Homely*an Aus-tin-motor-cars and accessories. The plain- ■ tiff set down' the> original total debt at «£46Bj tho'/ defendant having paid against this, the .sum of ,£425. Mr. E.: M. Beech'ey appeared for Scott, while',;'Mr. "H. E.' Evans appeared ' for Perry.'/ -. % •'■ ' ' ' After .hearing,'the evidence ;on both sides, tire Magistrate reserved his decision. . v' ALLEGED BREACH OF AWARD. ;/The New Zealand-Federated Furniture Trades .tinion claimed a <£10 penalty from the Scoullari: Coy,, Ltd., for an alleged breach. of ; tho Furniture Trades Award in hot- paying an employee for time occupied in; to his work. Mr. P. iW.-' Jackson appeared ' for . the - union, .while Mr.-T.'S. Westoa appeared for the Scoullar Company, ' .The alleged breach concerned the period, from June 28-;-fo. July 14' last, 'the union "contending that-an . employee «n> gaged at the Training College at Kelburn should (under .Clause 6 of the.%ward) be allowed half an tour , travelling time, if he proceeded 'direct'.'from home to the job. For the defence'it was contended" that the''travelling time allowance could not bo applied to; work in the, City of Wellington. . Judgment was reserved. ; . . i REHEARING ORDERED. '', Defendants' : application for a rehearing was granted in the oase of W. and G. Turnbull and Co., vi Barnes arid Grant, the applicants, to pay. 2s. costs. Judgment by .default had been given'for plaintiffs on September 9 for , the sum of i'4B 19s. 4d., and «ogts 'M »The new hearing was for Thursday, October '14. -.' ' ■ NON-SUIT ENTERED. In the case of'Flockton and Co.. v. Florence J. Wickens, a claim/.for' £i, a hon-snit 'was entered witlr solicitor's fee Is., to be paid to Uie defsndant. , UNDEFENDED 'CLAIMS.' Judgment j.by tlefartlt ivas gvveri for tho plaintiffs in the following..'undefended I claims:—The Wellington Traders' Agency, assignees, and Kempthorne, -Prosser and Coy.'s N.Z. Drug Co., Ltd., v. J. E. Cockroft, ,£2 ss; 7d.. costs lis.; Geo. Remington arid Co., v. J. W. Thompson, .£9 125., costs ,-£1 3s. Gd.; : Fitzgerald and Pearce v.' T. M-'Gill, JBl, costs 75.; W. Hendry v. C. Bnckinglmmj £2 155., casts 125.; Alfred James Bradey and Charles Bradey v. James Johnston, J316 Gs. 7d., costs i!l. 10s. 6d.; : Charles Fulton Pattie v. -T., Harris, 25., costs, '10s.; The' Union Clothing Co., Ltd., v. Francis Joseph/Dalton,.£i 45., 55.;. The Bristol .Piano Co., Ltd.. v. C.. Duristan. i! 8 14s. 2d., costs iSI 3s. 6d.; Mrs. J. Glover v. Edward Foreman, £7 2s. 6d., costs Bs.;, G. H. Thornton v. Hop Sing, 6s, 4d., costs 10s. r • . :: JUDGMENT SUMMONSES. ■ James. Stevenson! who did not apjjear on a judgment, summons in which he was defendant, was ordered to pay',£6 14s. sd. to A. .Raven on or before October 19 next in default to undergo seven days''imprisonment in Wellington Gaol. POLICE CASES. For-having .absented himself from the steamer Kuiriara without first obtaining leave, a duly articled seaman, named William Shurka, was ordered. to forfeit two days', pay and to be responsible for Court- costs te the extent of 7s. Default was fixed at 24 hours' iiriprisonment. The same accused was fitted 10s. for drunkenness, the alternative being 48 hours' imprisonment. ; - ; A plea of guilty was entered by James Arthur White, who had been found in possession of certain provisions, -which he had stolen from the steamer Kapiti. He Tvas fihed,4os. for the theft, the alternative being seven (lays' imprisonment. Eric Mentzer and Arthur Walsh, who \ad been arrested while, engaged in n fight in Hunter Street, pleaded guilty to a charge of creating' a breach of tha peace and wero fine<} 2fls. each, in default to undergo three diiys' imprisonment. Elizabeth M" s Krave. who escaped from the ;Salvation Army Home, was sentenced to seven days' imprisonment, and at the , end of the terra she is to be returned to the Home. - Robert Neilly and Andrew Anderson were _fined 20s. each for .drunkenness, the. alternative being three days' imprisonment in the < first, case, and" 48 hours' imprisonment in the second- case. Joseph Brennan. on a similar charge, was fined 10s., with the option of. 24 hours' imprisonment. Several first-offenders, were'al=o dealt with. • . . - J -j- -