MAGISTRATE'S COURT

Dominion, Volume 11, Issue 157, 22 March 1918, Page 6

MAGISTRATE'S COURT

POLICE AND CIVIL CASES

At the Magistrate's Court yesterday. Mr. W. G. Riddell, S.M., presided, and dealt with the police cases. A remand to Wednesday next was granted in tho case of Daniel Shaw, charged with breaking ind entering the Cricketers' Arms Hotel (John 1. I'oley, licensee) by day and stealing therefrom about £13 17s. lljd- in mon °y- . Oswald Johansson, convicted of using obscene'language on the Queens Wharf, was fined 40s. and costs-125,, in default seven days' imprisonment. Robert Hall, an articled v seaman on board an oversea vessel, who deserted his ship on January-26, 1917, was sem tonced to seven days' imprisonment. William'Kilroy, articled.seaman, who was absent from "his ship without leave, was sentenced to seven days' imprisonment and was ordered to bo placed on board the vessel on the application of the captain. • , For insobriety, Donald M'Donald. aeainst whom there were two previous convictions, was fined 205., with , the alternative of three days' imprisonment. OIVIL BUSINESS. Judgment was given for plaintiff by default in the following cases:—Smith and Smith, Ltd., v. Annie Marshall, 12s. 6d., costs 55.; Public Trustee v. Sidney Loft, £5 45.. W., costs 30s. 6d.; Commercial Agency, Ltd., and 'llionias Horton, Ltd., v-.-3. Cowie, £8 4s. 9d., costs £I'lss. 6d.; A. R. Hislop, Ltd., v Taranaki' Motors, Ltd., Is., costs 175.; J. B. Fitzgerald v. C. P. North, £16 125., costs 255. 6d.;.E. Reynolds and Co., Ltd., v. George de Maustr, Is Is. 6d., costs Bs.; J. W Wharton v. Barry Rhodes. «, costs 20s. 6d.: W. Galloway v. Wellesley Lilewal, £2 17s costs 10s.; British and Continental "Piano Co., v. James W. Astwood ■CI 3s 9d., costs ss. j Commercial Agency, Ltd., and E W. Mills and Co., Ltd v Holmes Motor Co., £25 10s. lOd.,'costs £2 145.; J. Dwyer v. Angus J. Foster, £20, costs £2 145.; G. and T. Young, Ltd., v. Romano Watene, £4 16s. 6d., costs £1 ss.

JUDGMENT SUMMONS. Judgment summons cases were dealt with as follow:—H.- T. Avery _ was ordered to pay Osmond and Son Qx.Z.), Ltd.. £2 19s. 6d. by April 4, or ser.ve 48 hoars' imprisonment; George Tullock was ordered to pay the liki Brewery Co., Ltd., £3U 6s. by April 11 in default 21 days' imprisonment; Ernest Edgar Cohen was ordered to pay Robert Alfred Scott £12 Us. 6d. by April 4, in the alternative seven days imprisonment.

" AN ARCHITECT'S CLAIM.

C. Tilliard Natusli and Sons, architects, for whom' Mr. H. F. von Haast appeared, claimed from 0. Bell, farmer and stock dealer, of Levin, represented by Mr.' M. Myers, the sum of £125 for professional iervices. In the statement of claim it was set out that plaintiffs received instruction to prepare preliminary plans for. a theatre, motor garage, and shops, proposed to bo erected at Levin. The theatre portion of the plan was to conform to the wishes of defendant's prospective tenant, a Mr. Sugil. The plans were prepared, the-cost nf the buildings being estimated at £10,000. The plans were subsequently modified by the elimination of the garage, and by a reduction in the number of shops, etc., and were further revised and altered. The plaintiff claimed commission at the rato of H per cent, on £10,000. _ For the defence it was claimed that there was no contract, that the plans irerc prepared on the chance of business eventuating, and that one condition was that the building was not to be erected unless and until the prosnective tonant's bondsman had executed a bond securing, the rental, and this bond was not executed. His Worship reserved Ins decision.