MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2845, 9 August 1916, Page 8

MAGISTRATE'S COURT

CIVIL BUSINESS

Mr. W. G. Riddoll, S.M., presided over tlio civil sitting in the Magistrate's Court yesterday. Caselborg and Co., of Wellington, merchants, proceeded against J. O'Brien and Co., carriers, nnd Customs agents, in respect of the storage and delivery of certain goods. Mr. H. F. von Haast appeared for plaintiffs, and Mr. H. llivans for defendants.

, i^ 10 sl?u>tiffs claimed that on January 14, 19io, the company instructed and employed defendants to obtain deliver 12 cases of motor oil, consigned to the plaintiffs, from the steamer Delphic at Wellington, and to deliver the said cases to, plaintiffs store. The plaintiffs handed tho defendants the necessary shipping documents, and paid £3 Bs. duty on the oil. It was alleged that the defendants negligently omitted to obtain delivery of tho goods, and allowed them to remain in the Harbour Board's shed till they were sold by the board to defray storago charges incurred. Plaintiffs were therefore unable to obtain possession of tho goods, and they claimed £24 Is. 9d., the value of the articles and .duty claimed. The plaintiff company: further claimed tliat in October, 1915, defendants were instructed to obtain delivery on arrival in of a case of Japanese batteries consigned to' plaintiffs company in the steamer Tango Maru, and transhipped at Sydney to the steamer Manuka. The defendants promised to carry out the instructions as quickly' as possible. It was alleged that the defendants negligently failed to make tho necessary inquiries, and to ascertain whether the goods had arrived or not. It was further alleged that between October 26, 1915, and March 31, 1916, in answer to repeated inquiries from the plaintiff company, the defendants fa/sely informed thorn from time to time that the said goods had not yet arrived. Therefore plaintiffs claimed from defendants as damages the value of the batteries, amounting to £11 Bs. ihc total amount claimed, being* the price of goods sold and delivered, and including £4 3s. 6d., was £39 13s. 3d: It was contended for the defonco that no responsibility had been accepted in respect of tho goods in the first claim. In regard to the'second claim, however, the evidence for the defence indicated that tho question would be raised whether Customs agents .should go on searching ships' manifests indefinitely ror gooda expected to arrive. Further' hearing was adjourned till to-morrow to allow another witness for' tho defcnce to be called. ALLEGED BREACH OF CONTRACT. t ai i? ,® v '^ ence wa s heard in the case Ivo Selwyii Joyce, wholesale fruitbroker, ol Wellington, v. Simon Edilson, alsq of Wellington, fruiterer, a claim for £50 for damages in respoct of (in alleged breach of contract by defendant in his refusal to accept certain apples on the ground that they wero not of the quality or condition specified w the contract. Defendant counter-claimed for £50 damages, for an alleged breach of contract. Further hearing was adjourned till' August 15. . Mr. P. H. Putnam appcared for pJaintiff, and Mr. Douglas Jackson for defendant. '.JUDGMENT BY DEFAULT. Judgment by default was given in the lollowing" cases:—C.' Walker v. Walter.Lees, £1 18s. 3d., costs 10s • John Bryant Lano v. Ernest H. Dodd, £11 16s. 3d., costs £1 14s. 6d.; Judd and'Randell v. Caroline Wallace, £6 17s-, costs £1 13s. 6d.; John Duthie and Co., Ltd., v. George Swinburne D JMnden, £3 13s. 3d., costs 55.; Abraham Levy v. Lieut. George A. Waddle, £15 9s. 3d., costs £1 10s. 6d.; Burcii and Co., Ltd.,'v. Henry Mitchell, £6Is. 5d., costs £1 os. 6d.; Patrick Mackin v. James Moriarty, 6en,,..£4;175., 6d., costs 10s.; same v. Daniel O'Leary; £4.145. 6d., costs 10s.: Whitcombe-and Tombs, Ltd., v. Mrs. V~i Harding (separata estate), costs only, 10s.; Hallenstein Bros., Ltd., v. it. E. M'ln tyro, £2 lis. 3d., costs 10s.; W. M'Gill and Sons v. Charles Koroneho, £23 55., costs £1 Bs.. POLICE CASES./ Mr. D. G. A. Cooper, S.M., heard the police cases. Lilian M. Lucena Chester, who was deemed to be an idle and disorderly person, was convicted J and ordered to come up for sentence when called upon," on condition that she returned to her husband and takes proper care of her child. 1

JUVENILE COURT.

Three small boys, wlio were skylarking in tho vicinity of the Newtown Post Office, ■ seeing a hose attached to. a' water-tap, turned on tho water and caused'damage to the building to the extent of 30s. His Worship severely cautioned the boys, and discharged thpm, on'condition that oacli of them paid 10s.. towards the damago done. A little boy was ordered to como up for sentenco when called Upon for having stolen a child's money-box, containing about lls.- ■ * '

A child, "whose parents are in indigent 1 circumstances, and who were unable.to support him, was committed to'.the Wellington'.Receiving Home. ■.