MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2871, 8 September 1916, Page 9

MAGISTRATE'S COURT

CLAIM FOR DAMAGES PLAINTIFF SUCCEEDS Mr. W. G. Riddoll, S.M., presided at the Magistrate's Court yesterday, and heard tho civil cases. RESERVED JUDGMENT. Reserved judgment was delivered by Mr. Riddell in tho case of T. and VA Young', of Wellington, 'merchants, against the master and owners of tho vessel Clan Farquhar, for wliom Dalgety and Co., Wellington, wero acting as agents. Plaintiff, for whom Mr. T. Young appeared, claimed tlio sum of £170 13s. 2d. for damage to two motor-cars, carried by defendants, represented by Mr. A. W. Blair, from Now York to Wellington on the Clan Farquhar, and Which were landed in a damaged condition. 'l'he amount claimed included. £84 for necessary repairs to the cars, and expenses, interest, depreciation, etc., totalling £86 9s. 2d. In liis judgment, Mr. Riddell said that under ordinary conditions the cases containing tho cars were strong enough to support a reasonable quantity of general cargo over tliem, but the serious nature of tbe damage seemed to indicate that some undue pressure had been placed upon tliem. After quoting authorities, he concluded by stating that in view of tile conflicting evidence tendered! in respect of the cost of repairs, tlie item of £S4 4s. would bo reduced to £58 10s. Judgment was entered for plaintiff for £133 15s. 5d., with costs amounting to £15.

E. Courts Moon, £s., costs 55.; P. P. M'Evcdy y. James Nixon Scott, £12 Is. 6d., costs £1 10s. Gel.; Dayton Money-weight Soaiss Co., Ltd., v Mrs A. 0. Wood, £12 Is. 6d., costs £1 3s. 6d.; I'. W. Greshnm v. Herbert J. Broad, £2" 25., oasis £2 175.; Commercial Agoucy and Chappe!! Bros. v. D. J. Sorley, £i 3 12s. 6d.. costs'£l 10s. 6d.; Coin/u'iy;:.'i! Agency and Haswell Bros. 7. '.uirl Brougliton, lis., cost? Gs.; same v. Annie Brabyn, £20 is. 2d., costs £2 lis.; Ki'ormsii Bennett v, lU. ivl'Cklhim, lis. 5d., costs ss. « judgment scjnmons eases, C. F. Adams was ordered to pay tbe Wairarap* Farmers' Co-operativo Association, Ltd., tW sum of £0 19s. 4d. on. or before September 21, or serve seven days' imprisonment. DEFENDED CASES. Magnus Sanderson and Co., Ltd., proceeded against L. Young, of Manaia, to recover the sum of £34, being amount alleged to be due by tbe defendant for two filial payments on tlie purchase of a motor-car, also interest on the amount, making the total claim £35 18s. od. The defendant counter-olaimed for tlie sum of £50, on the grounds that tlie plaintiffs represented that the car was in good running order and condition, and that it had not been run for more than 5000 miles, and this it was alleged was contrarj to fact. Those representations induced the defendant to purchase, and such representations. were, it was alleged, known at the time to plaintiffs to be false. Mr. A. M. Salek appeared for the plaintiff, aud Mr. P. W. Jackson for the defendant. The case was partly heard, and adjourned until to-morrow. Mr. D. G. A. Cooper, S.M., gave judgment for plaintiff for the amount claimed, with costs, in the case, Samuel Fornmn v. Albert Kemp, a claim for 205., balance of account for clearing gorse. Mr. O. C. Mazengarb was for the plaintiff, and Mr. E. M. Sladden for defendant. POLICE CASES. A short, sitting was held by Mr. D. G. A. Cooper, S.M., to deal with the police cases. For insobriety, four first offenders were convicted and discharged. liidith Firth, alias Dawson, was seiifc to prison for ii month for loitering in Ghuznee Street for immoral purposes, contrary to the War Regulations.