MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2609, 3 November 1915, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS A RESERVED JUDGMENT .Mr. W. G. Riddell, S.M., who presided at tho civil sittings of the Magistrate's Court yesterday, delivered reserved judgment in the case in which Hunt, Cottrcll, and Co., Ltd., carriers and forwarding ■ agents, proceeded against Sutherland and Rankine,' cycle dealers, to recover the sum of £47 12s. 6d., balance owing for the conveyance of goods by the plaintiff company for the defendants. It was admitted by the defendants that tho amount was owing to Munt, Cottrcll; and Co., but in the goods imported by the, defendants it was alleged that a motor-cycle was short delivered, and tho defendants contended the responsibility for the missing machine rested with Munt, Cottrell, and Co. Tho defendants, therefore, counter-claimed for the sum of £60. The Magistrate yesterday ruled that Sutherland and Rankine were entitled to judgment on tho coun-tor-claim, and as there was no dispute as to the claim, judgment was also entered for Munt, Cottrell, and Co. for £47 12s. 6d. by consent, and they were further awarded costs totalling £6 4s. (id. Mr. A. A". S. Menteath appeared for Munt,. Cottrell, and Co., while Mr. A. W. Blair appeared for Sutherland and Rankine.

DEFENDED ACTIONS. In the defended action tho Merchants' Security Association, Ltd., v. E. C. Levvey, a claim for £9 75., the question at issue was as to whether tho defendant was warranted in paying moneys collected to tho particular clients for whom tliey had been collected, or whether he should havo paid thorn to the plaintiff association,, for whom lio had acted as solicitor. After hearing tho evidence, the Magistrate gave judgment for th© defendant (Levvey) with costs 4sy and witness's expenses 10s. Mr. H. F. Von Haast appeared for the plaintiff association, while Mr. A. W. Blair appeared for tho defendant.

Charles Houchon, dealer, of Manners Street, claimed £2 15s. from Charles Reid, hairdresser, of Tory Street, for money lent, the plaintiff holding Reid's 1.0.TJ. for tho amount named. Judgment was given for tho palintiff (Houehen) for the full amount, with costs iGs. . i . .. Mr. D. 6. A. Cooper, S.M., heard the caso of Ernest Sellars v. John S. Munro, a claim for £8 for damages alleged to have been suffered by, Sellars, whose bicycle was knocked about in a collision with a milk-tfart, 'the property of tbo defendant. Judgment was givon for the plaintiff for the sum of £5, with costs £2 12s. Mr. H. F. O'Leary appeared for the plaintiff, while Mr. P. H. Putnam appeared for tho defendant.

CHANGE OP VENUE! An application for change of venue to Taumarunui was made by the defend-'' ant in the caso of Abraham W. M. Salainan v. Mrs. L. E. Somcmlle, a claim for £7 19s. 6d. The application was granted with costs £1 Is. to defendant's solicitor. Sir. T. Neave appeared for the plaintiff, Mr. P. W. Jackson representing tho defendant. CLAIM FOR POSSESSION. In the case of A. M. Lewis v. Thos. Bayliss and Matilda Bayliss, a claim for possession and rent, judgment for the plaintiff was- givon for £8, with costs £2 2s. A warrant for possession is to issue on November 13. UNDEFENDED. CLAIMS. Judgment by default was given for tho plaintiffs in the following undefended claims: —P. Hayman and Co. v. M. Rice, £5 14s. 10d., costs £1 Bs. 6d.; 11. and E. Tingey and Co., Ltd., v. Arthur B. Reade, £30 45., costs £2 195.; Win. Campbell, Ltd., v. Daniel O'Leary, £3 10s. 10s., costs 10s.; Cederliolm and Son v. Devlin Jameson, £2 6s. 6d.,. costs 125.; Wm. A. Brown v. Frank Leatham, £5 Is. 4d., costs 145.; R. Martin, Ltd., v. A'. D. Blick, £7 os. 2d., costs £1 Bs. 6d. POLICE CASES. Police cases were taken before Mr. D. 6. A. Cooper, S.M. Walter Anderson, who was charged with using obscene language in Tory Street, was remanded on. bail until this morning. Charles George Chatfiold was convicted and ordered to come up for sentence when called upon for wearing the uniform of the_ Army Service Corps without permission. Aocused, on his own statement, had been discharged from the Foroes as medically unfit on October 11.

An information _ against Michael Murphy, charging him with vagrancy, was dismissed. He had been found sleeping in a railway carriage in the smaller hours of the morning. As he was in the King's uniform, the Magistrate directed that he be handed over to the military authorities. For drunkenness, Patrick Shannon was fined 10s., the alternative being forty-sight hours' imprisonment. Six first-offending inebriates were also dealt With.