SUPREME COURT

Dominion, Volume 10, Issue 2946, 5 December 1916, Page 9

SUPREME COURT

FIRE EXTINGUISHER' CASE In the Supremo. Court yesterday Frederick Francis Fabian sought an injunction against' Florence May Cross respecting alleged imitation of trade mark. Plaintiff holds'-the patent rights of the "Ajax" fire extinguisher, and defendant runs an extinguisher named the "Apex." Piaintiff snjs defendant-imitates his trade mark.and sells goods in imitation of it. Defeudant denied that the "Apex" was an imitation of. the "Ajax." Counsel for defendant contended that. plaintiff nrocoeded as registered proprietor of the "Ajnx," and he could not succeed unless he proved there had been breaches sincethe registration. Tho Chief Justice-(Sir Eobcrt Stout) was on the Bench. Plaintiff conducted "his case in person, and defendant was represented by Mr. D. 11. Findlay. Decision was reserved. LOCAL BODIES DISPUTE. An agreement has been arrived at in the dispute between the Wellington City Council and the Lower Hutt Borough Council respecting the draining of the Gracefiekl Estate at Lower Hutt. The agreement runs:— 1.. That the work required to be dono to the street referred to in the statement of- claim be that set out in the condiions signed by the engineers and filed. 2. That the -work be undertaken by the owners of the land described in the memorandum of transfer submitted to the defendant council for execution within twelve months, or such further time as may be agreed upon by the owners of the land and the defendant council. The defendant council, if called upon by tho owners, will execute tho work and charge the cost to tho owners. 3. That upon an agreement being signed by the owners for the due performance of the work, together with a bond for £350, with approved sureties for such performance, counsel shall sign acceptance of the transfer and dedication. i. That this declaration shall not .prejudice the right of the defendant council to impose any conditions lawful under the provisions of the Public Works Act, or any other Act in the case of the side streets of the Gracefiekl, Ltd. 5. That each' party shall pay its own costs. Specific conditions agreed upon hn-ro been signed by the engineers respecting the various interests. PRISONER SENTENCED. George Golding, convicted in the Magistrates Court, Wellington, of theft, was sentenced by the Chief Justico to four months' imprisonment.

MAGISTRATE'S COURT

Mr. L. G. Eeid, S.M., presided in the Magistrate's Court yesterday. Nellie Paris was remanded till December 11 on a charge of stealing J.*j belonging to Edward Young. A case against Kobert Laws of (being a bookmaker) betting in the Carlton Hotel was dismissed.

An application by Elizabeth Wood against, Joseph Geo. Wood, for separation, maintenance, and guardianship orders was granted. Defendant is to pay 15s. per Week towards ths keep of Ins wife, and ss. for each of the children; M 10s. in all.

Clara Alice Ross and James lioss were remanded till to-day respecting charges of wrongfully selling beer and keeping a house of ill-fame. James Gibboius was remanded til] to-day, too, on a charge of residing in a house of ill-fame. For insobriety Michael M'Mahon was fined 10s.

Thomas Pridmoro and Benjamin Ede were each fined 5?. on charges of having used, in Abel Smith Street, threatening behaviour, wheroby a breach of tho peaco was occasioned.

Henry Aitken, who escaped from Wakeria Prison, was ordered to be returned to the prison authorities. Respecting disobedience o£ maintenance orders, l'retlk. Edwards and Charles A. D. Thomas were each sentenced to terms of imprisonment, the warrants to be suspended if tho amounts aro paid within stipulated times. Por failure to account to Moss do. Tough for o'J(i 18s. fid., which he. had received from James flaudin, charles Henry Walter was. fined Jtf and ordered: to make restitution. For stealing a motor bicycle, at Hastings, belonging to Hoadlcy, Son, and Steward, lie was fined 120, in default one mouth's imprisonment.