MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2802, 21 June 1916, Page 9

MAGISTRATE'S COURT

-—-$__ __ RESERVED JUDGMENTS CLAIM FOR DAMAGES In the Magistrate's Court yesterday Mr. W. G. -Hidden, S.M., delivered a reserved judgment in which he nonsuited the plaintiffs in the case Jorgensen Brothers v. Thos. Cochrane. The claim was for JESO damages from defendant for breach of contract. This claim, included £30 as commission- to W. T. Gibson on tho alleged salo of the plaintiff's confectionery business to' defendant, . and .£2O loss suffered through non-completion ot said sale. His Worship held- that no valid contract had been made. The contract read: "I hereby agree to purchase confectionery business situated in Courtenay Place, belonging to Jorgensen Bros., price to be valuation of stock and fittings, etc., possession to he given within, three weeks— (Sgd.) Thoß. Cochrane." According to the law and-an-thorities quoted, His Worship held that a memo of contract must contain the whole agreement, inoluding the consideration, and oral evidence' cannot be given to supply any of the terms. This was the defect in the alleged contract, and it showed that there was never .1 completed contract between the parties. The consideration was never ascertained, and was not shown in the offer, and acceptance in writing upon which plaintiff relied. Until the valuation was made, defendant's offer remained an offer only, and the form in- which it was accepted did not make the contract enforceable; Plaintiff made no effort to have tho business valued before the date on whicli possession had to be given, but sold it to another person. Accordingly, plaintiffs wore nonsuited.

At the hearing Mr. R. H. Webb appeared for plaintiffs and Mr. P.. W. Jackson for defendant.

CLAIM FOR GOODS SUPPLIED. In his reserved judgment in the case of W. Mason against W. HoWland, a claim of £6 9s. 7d., for goods supplied, Mr. \V. G. Riddell, S.M., gave judgment for plaintiff for the amount claimed and Court costs 10s., and.solicitor's fee £1 Bs. It appeared that the plaintiff bought a business at the Lower" Hutt, and his predecessor had'a running account with defendant, who was a married' man with a wifo and eight children, to whom the goods were supplied in- November and December, 1915. ' The point was that plaintiff stopped supplies to defendant's wife and family immediately Howland informed him to do so, and the question was whether the goods supplied to defendant's wife before that date should bo paid for'by defendant. After reviewing the evidence, His Worshipv cited cases in support of his judgment, and held that in this case defendant's wife, managing his household; was his general agent, and had implied authority to pledge her husband's credit for all such things as.were necessary in the,ordinary course of such management, and in this case plaintiff must succeed.' Mr. E. P.' Bunny appeared for defendant, and Mr. P. H. Putnam for plaintiff, DEFENDED CASES. Mr. A. M. Salek appeared for Georgo and Alfred Smith, trustees in the estate of George Edward Hill, who claimed .£llß 12s. (id. from Eileen Margaret Fitzgibbon, widow of the late Mr. E. J. Fite gibbon, solicitor, for whom Mr. P. J, O'Regan appeared. The claim was raadft up of interest and rent due by the late Mr. Fitzgibbon, and the case was brought against the widow as being the sole legatee and executrix of the estate. Mi'. O'Regan . admitted the.facts, and that the money had been.due at the. time of Mr. Fitzgibbon's death, but the estot'o was . without money. The Magistrate (Mr; W. G. Eiddell). said-he-thought this was a cuse for adjustment -between the' parties. Mr. Salek said his instructions were to press for judgment, which was accordingly entered for plaintiffs for the Ml amount, with Court costs, £2 10s., and solicitor's fee £3 3s. Nurse Margaret Adams, of Horner Street, siied Henry -'Walden and George'' Buckley Walden, . of Wellington and Trentham respectively, as executors of the estate of the late James Walden, for .£■ls, for services rendered to the de--ceased. Mr: Howard Hill, for defendants, protested that the money had been naid, but this was in turn denied by Mr." P. W. Jackson, who appeared for plaintiff. The Court : adjourned '.the case till the 27th inst, to allow of the defendants producing receipts'-for the money alleged to have been paid. UNDEFENDED CASES. :Mr. AY. G. Riddell, S.M., gave judgment by default in the following undefended cases in the Magistrate's Court yesterday.:—Karori Borough Council v. Evan Williams, £i Bs. Id., costs 135.; To Aro Furnishing Co. v. H. F. H. Crown, .£lO 10s. lid., costs .CMOS'. 6d - .; Elsie Ruby Peard v. Clifford Ackroyd, £1 10s., costs 55.; Wellington City Council' v. John M'Mahon, 18s. 7d„ costs Gs.; same v. Robert Lama6<)ii, £6 !)s. 2d., costs Ss. j same v. Arthur James Black, £2 Bs. 4d., costs os. ; same v.Ada Mary Duncan, .£8 12s. lid., costs 95.; W. Jenkins v. Florence Dickenson, £1, costs 55.; R, and E. Thigey and Co., Ltd., v. John E. Taylor', .£G 195., costs £1 10s. Gd.; John Telford v. Dr. Edith Huntley, JII7 15s. 7d„ costs £1 Ms. Gd.

JUDGMENT SUMMONSES. Judgment summons' casc'B were dealt with us follows:—Jolm,"Wilson was ordered to pay S. S. Patterson and Son the sum of Ml 18s. sd. by instalments of las. per calender mouth, first payment to be made on August 1; A. Lewis Smith was ordered to pay William Henry James the sum of £3 ss. on or before July -1, in default to undergo threo daya' imprisouwaut; Walter Moore was ordered to pay Duncan and M'lntosh the sum of .£7 lis. ou or before July i, or undergo seven days' imprisonment; I\ "W. Dusky was ordered to pay Mr. P. E. Lieber the sum of JIl JBu. flu. ou or before July 4,the alternative being twenty-four hours' imprisonment; L. E. M'Millan was ordered to pay Abraham Whittaker the sum of £•! Is. on or before July 4, in default to serve forty-eight hours' imprisonment. ■ POLICE CASES. Mr. D. CI. A. Cooper, S.M., disposed of the police cases at the Magistrate's Court yesterday morning. Two first offenders were convicted and discharged. Two who did not appear ( were convicted and fined 10s.. each, or 'forty-eight hours' detention. Air. Jf. IV. jactsoii n.pn*ored for Sarah Millar, otherwise- Mrs. Goodwood, who was charged with loitering and importuning in Cambridge Terrace. Mr. Jackson, who appeared for accused, stated that .she would leave town, and suggested a tine. There was a previous conviction against Millar, and the Magistrate imposed a fine of .£'s. Mr. .lacksen said the limit was £i, and His- Wor--1 ship reduced the fine to that amount, in default fourteun days' imprisonment; two days were allowed wherein to pay the hue. Rva Grill, charged 'with being drunk and using bad language, pleaded guilty, and was ordered to come up for sentence when called upon. Accused agreed to submit to a prohibition order, .Robert Joseph Sims nns eotmcted and fined 10s., or forty-eight hours' imprisonment, lor drunkenness.. Tyo young men, Henry Wesley Richards and Anwoon Stveneu, a Belgian, wero charged with causing a breaoh of the peace on Waterloo Quay, and were remanded till this morning. Charged with attempting to commit suicide on June 12, Silas Stephen'Lamp-' ard was further remanded for medical examination. A'young man, Timothy Daniel Sullivan, who entered a fish shop, had a meal which Jim refused to pay for, wan fined 205., or seven days' detention,' and ordered to pay 3s. to Karnntz Bros.