MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2835, 28 July 1916, Page 9

MAGISTRATE'S COURT

DEFENDED ACTIONS

In a defended action in the Magistrate's Court, before Mr. W. G. Bidden, S.M., in which Mary Meyer claimed «1 from George Geith and Ada Twhsend the sum of £U 155., judgment was given for plaintiff for £1 155., with costs £1 19s.

A case'was heard by Mr. W. G. Kiddell, S.M., in which S. W. Kanson and Co., builders, proceeded against tho British Industries Company (F. W. Vare) •to recover the sum of Jill 7s. 3d., being the cost of tho constructioji of a model table. In evidence it was shown that the defendant company desired a model table, of a patent one they sold, for tho use of their traveller. A table was supplied, but it did not meet the requirements of defendant, so a second ono was built. Defendants paid £2 10s, in payment, and His Worship, after hearing the evidence, gave judgment for plaintiff for £i ,10s. (including the amount paid), with costs. Uv. V. B; Broad appeared for the plaintiffs, and Mr. ]?. E. Pethcrick for tho defendant company.

A HESERVED JUDGMENT. Reserved judgment was given by Mr. VY. G. Hiddell, S.M., in the case Archibald C. M. Sinclair against Elizabeth L. Parker. This was an action brought by plaintiff to recover the sum of .£BS, claimed as extras on a building built by him for defendant at Ferry Road, Day's' Bay. . In his judgment. His Worship said plaintiff had undertaken to build >i house for defendant for ,£4O. Defendant wanted the house to cost not more than JJ4OO, an amount she obtained from the .Government Advances to Settlers' Office, and thero was direct conflict of evidence between the- parties in respect to. tho pCiO being expected to cover cost of fencing and gas installation. When completed, the building, \with extras, cost JE565 ss. ii. Defendant admitted extra work was done, but not tho amount. After reviewing the wholo transaction between the parties in detail, His Worship said that the original contract to build was for .£440, and he filed the extras at .653 'Js. 3d. Defendant had paid i! 465 on account, leaving n balance of £2$ 2s. 3d., for 1 which judgment would be given, with costs amounting to £6 4s. Defendant counter-claim-ed for £o'i Us., on the ground that the building' was not erected to time and to specifications, judgment being given in her favour for ,£G. with costs £i 4s. Mr. Neilson represented .plaintiff at the hearing, and Mr. Slad'den the defendant. • UNDEFENDED CASES. . Mr. W. G. Biddell, S.M., gave judg. uieiit for plaintiffs in tho following undefended cases:—Henry Joosten and William Murie, trading as Joosten and Murie, v. AY. A. Cathro, £'i'i lis. Id., costs £3 15s. (including 21s. previously ullowed); J. B. MacEwan'and Co., Ltd., v. Tu Karaitiana, £5i Vis. 6d., costs £\ 10s. 9d.; Dunlop Rubber Company of Australasia, Ltd., v. V. G. Warring,-,£G 16s. 7d., costs 41 3s. Gd.: Wellington Gas Company, Ltd., v. William WinnWander, £1 105.'9 d., costs 10s.; Sharlaud and Co., Ltd.', v. G. Wilson, .£4O 3s. 4d., costs £2 Its.; Jean Pacey v. Emily Pritohard,. £?>, costs £2 35.; D. L. Kelly v. P. O'Connor, .£1 10s., cost's 55.; Wellington Motor-car, Horso Drivers, and Livery Stablo Employees' Union v. Thomas I'ridmoro. £1 65., costs .Is.; Samnel Brown, Ltd., v. George W. Terry, £h ISs., costs £1 9s. Gd.f Gamblo anil Son v. It. Cooper, £3, costs 55.; Charles Justus Silver (trading as the Imperial Conservatory of Music) v. Frederick Bradley, £i 7s. od., costs 10s'. \ A JUDGMENT SUMMONS. . . In a judgment summons case, Frank Harnett, who did not appear, was ordcred to pay Butler and Co., Ltd., tiio sum of J2lB 9s. fid., by August 24, in default fourteen days' imprisonment; and Walter H. Anderson was ordered to pay Charles Justus Silver £1 3s. 6d., by instalments of ss. per month. - POLICE CASES. Mr. D. G. A. Cooper, S.M., dealt with several police cases. Thos. Myers, alias Bennett, a man ot 52 years, was charged with vagrancy and being convicted was sentenced to six months' imprisonment. There were three charges of theft preferred against Henry Albert Pinniger, all of overcoats from Kobt. Johnston, Dr. Macdonnell, and H. H. Beetham,

valued respectively at M 10s., .£6, and £2. Accused had sold the coats to sec-ond-hand dealers, and, being convicted; was sentenced to ono mouth's'imprisonment in each case. The Magistrate ordered the coats to be delivered to the owners, provided the second-hand dealers were recouped their outlay.

A young man named Alfred Iveson was charged with the theft of a swag, valued at £5, the property of James Wood, who had befriended accused to the extent of paying his - passage from Blenheim. The Magistrate characterised the theft ns a menu one, and sentenced accused to two months' imprisonment