MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2621, 17 November 1915, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS

A RESERVED JUDGMENT

Kiddell, S.M., presided at the civil sittings of tho Magistrate's Court yesterday, and, delivered Ms rene",'ed judgment in tho case, of John. 0 Donnell, contractor, v. John Wallace Easson, timber merchant, of Kilbirnie a claim for . £111 15s. 4d. In the first place plaintiff sought to recover £75 refund on account of alleged misrepresentation, but this portion of his claim failed. The balance of the claim concerned disputed partnership accounts, and the Magistrate in bis judgment dealt witli' tho soparate items, O'Donnell being awarded a sum of £18 Is. 9d., with costs £4 7s. Judgment was also given for O'Donnell- on a counterclaim. Mr. M. J. Crombie appeared for O'Donnell, while Mr. T. Neave appeared for Easson. DEFENDED ACTIONS. A defended action, arising out of a collision between a motor-car and a horse and oxpress on September 20, was heard, tho plaintiff being David Williams, owner of the horse and express, and the defendant being Mas Kahn, owner of the car. The claim was for £60 15s. 6d. for damage to the horse and express, and for biro of another horse and express. Mr. H. F. O'Leary appeared for the plaintiff, and Mr. 0. N. Beere for the defendant. Mr. Beere, at the close of tho plaintiff's case, moved for a nonsuit on tho ground that plaintiff had not proved / that Mr. Kahn's servant was acting in the courso of his employment at the time "of the collision on Jervois Quay. Decision was reserved. ' ; In the case of Henry Hume v. David Crowo, of Blenheim,. a claim for 20s. for a week's rent alleged to. bo due, judgment was given for plaintiff for the sum of 14s. 6d., with costs 6s. Mr. E. P. Bunny appeared for Hume, while Mr. H. F. O'Leary appeared for Crowe. Before Mr. D. G. A Cooper, S.M., G. Parkin, butcher, of Cuba Street,; claimed £2 Os. Id. from H. Brown, restaurant keeper, of Willis Street, boing balance of account alleged to be due for meat. After evidence had been heard, judgment -was given for defendant, witli £1 Is. costs.' Mr. E. M. Becchey appeared for the plaintiff, and Mr. G. Samuel for the defendant. UNDEFENDED CLAIMS. Judgment by default was given for tho plaintiffs by Mr. W. G. Riddell, S.M., in the following undefended claims:—lzard and Weston v. Clara Eicke, £1 165., costs 55.; John Norton v. K. Cannell, £6 10s. 4d'., cbsts £1 3s. 6d.; W. Henry James v. A. Lewis Smith, £2 10s., costs 10s.; Ja-clc Jacobus v. P. Bennett, £2 55., costs 55.; same v. J. Huntor, £1 10s., costs 55.; samo v. S. Alexander, £1 13s. 6d., costs-55.; same v. P. Ho skin g, £1 17 s., costs 55.; Hallenstein Bros., Ltd., v. D. Smith, £3 15s. 6d., costs 10s.; William- Walsh v. Fredki J. Mackintosh, £26, costs £2 18s.; Jerusalem and Co., Ltd., v. C. Wagner and Co., £23 10s. 3d., costs £2 14s.

JUDGMENT SUMMONSES. Te Koroneho, defendant on a judg-. nient summons, was ordered to pay the Wellington Dairy, Ltd., the sum of £5 16s. 6d. by instalments of os. per month; commencing on November 30, 1915. William Henry M'Carthy iras-ordered to pay J. J. M'Grath the suni of £14 12«. 9d. on or before November' 30, in default to undergo fourteen days' detention in the Wellington Gaol.. T. F. M'Milian was ordered to discharge bis debt of £7 17s. 6d. to 13 Norton and 00. on or beforo November 30, 1915, otherwise to undergo ' seven days' detention in Wellington Gaol. W. J. Thompson was ordered to pay to W. Hadley the sum of £11 7s. 6d. ou or before November 30, 1915, in default to undergo ten days' detention in Wellington Gaol.

POLICE OASES. Police cases were dealt with by Mr. D. G. A. Cooper, S.M. Thomas Geaughen, charged with drunkenness and with using obscene language, denied the major charge, but he wis convicted of both offences and fined £3, the alternative being a month's imprisonment. Philip Hosking, _ for damaging two panes of glass at a house in Tory Street, was fined 205., and ordered to pay witness's expenses 45., and to make good the damage by payment of a further sum of 12s. 6(1. Default was fixed at three days' imprisonment. A returned soldier, named Alexander Telfer, pleaded guilty to a charge of drunkenness, and to a further charge of damaging a show case. The act was not a. malicious one, and the Magistrate entered convictions and discharged the accused, with an order that ho should pay los. to cover the damage and 2s. 6d. by way of witness's expenses. Mary Sprowell, who was charged with drunkenness, had nimi c vons previous convictions Against her name. She was remanded in order that inquiries might be made as to the best method of dealing with her case Persons convicted of drunkenness were fined as follow Cornelius O'Shea, 20b., .with Offitiaa of %ca j&b l im>

prisonment; lilancho Evelyn C-oe, 10s., or 48 hours' imprisonment; Albert Joseph Hill, 10s., or 48 hours' imprisonment; BdVard Mullins, 10s., or 48 hours' imprisonment.'

DUNEDIN CRIMINAL SITTINGS

A PRISONER SENTENCED. (Uy Telegraph.—press Asfiuo.iation.l Dunedin, November 16. 'At. tho Supremo Court, John Daniel • Black, convicted on the third count of an indictment charging him—(l) With attempting to commit rapo at Anderson's 13aj'; (2) indecent assault; and (3) common assault, and.who had pleaded guilty to escaping from prison, and escaping from lawful custody, was sentenced to-day by Mr. Justice Sim. Oil the charge of assault lie was sentenced to nine months' hard labour, for escaping from prison to nine months' hard labour, and for escaping from custody to six months' hard labour, tlio sentences to be cumulative.