MAGISTRATE'S COURT

Dominion, Volume 11, Issue 228, 14 June 1918, Page 7

MAGISTRATE'S COURT

CIVIL ACTIONS

A CLAIM FOR INTEREST

. Mr. W. G. Riddell, S.M., heard a case ii> which Hopo Gibbons, Sons, and J. B. Clarkeon, Ltd., claimed from Spillano Bros., cycle agents, Tomuka, a sum of MS for goods eold and delivered to the defendants between. April 1, 1915, and April 30, 1018.

. Mr. 11. R. Evans represented plaintiffs, and Mr. H. 1 ,, .' O'Leary appeared for defendants.

From the evidonco it appeared that tho claim represented a batauco of an account, boiiifj a charge for interest at 10 nor cent, on overdue accounts. Spilliine Bros, woro in business at Temiika, mil! ono of tho partners went out of tho ttnr, in August, 1915, when thorn were debts totalling some «£IBOO due, including an amount of .£289 to tho plaintiffs. Tho full nmount was paid by the remaining brother; but tho plaintiff charged 10 pnr cent, on the account, alleging that an arrangement was made by the other brother previous to August, 1915, to pay inUwst at this rate. The brother who remained in the busineas considered that not more thnn the bank rate of G per cent, should have been chnrgod. Tho Magistrate held that ho was bound by tFie undertaking of his former partner, and that plaintiffs were entitled to tho amount claimed, less deductions for over-charges. Judgment wns given for plaintiffs for .El 6 r>s. Id., and .!i2 Is. costs. AiOTOH-CTCLE V. MOTOB-.GAK. Before Mr. S. E. M'Carthy,. S.M., William Hart, clerk, of Wellington, proceeded*, against William. Alfred Jlowbray, merchant, of Ixnvor Hutl, to recover the sum of j>ll ICs. Gd., as damages arising out iof tho results of a collision between his motor-cycle, and defendant's motorcar. The accident took place in Manners Street, at the corner of a lane, in December last, and it was alleged by plaintiff that tho mishap was duo to negligent driving on tho part of the driver of the motor-car. Tho .motorcycle was damaged to tho extent of the amount claimed by plaintiff,

Air. E. 51. Sladdon appeared- for plaintiff, aud Mr. 11. Myers ior defendant. The dofenco was that, tho driver of the motor-cycle did not aeeiu to be looking where ho was going. It was alleged by the defence that the fault lay with the motor-cyclist

Partial evidence huving been heard, tho hearing was-adjourned until this morning.,

UNDEFENDED CASES. Judgment f0 , . , plaintiff by doi'ault was given by Mr. W. G. Kiddell, S.M., in the following undefended civil aotiona:—A. JUtriclc and Co., Ltd., v. George Mortimer Williams, 4!i Os. 6d., costs 11s.; sumo v. llyria Campbell, £U (is. 9d., costs .£1 12s. fid.i Dayton Moneyweight bcnlo Co., Ltd.. v. H. Arnold, Jfi Gs. Si., costs 10s.; Public Trustee (as. executor of the will of Edwin Hodren) vr Alexander Charltou M'Allister, -C 35 155., costa M Us. ; Wright, Stephenson , and Co,, Ltd., v. F. W. jlowiU'd, J!JB is. 5d., costs £2 153.; Hope Gibbons, Sons, and J. B. Lilarkson, Ltd., v. Ashbui'ton Motor. Co., «ji 1)5. 7d., costs-J!l.Us; James Proekter v Kusio M'Leary, '£9 -IDs., costs .£1 »s. (id.; Johnston and-Co., Ltd., v. T. Wise, 10s. costs; Commercial Agency, Ltd., v. Captain A. C. C. Stevens, £W, costs JCI Its. M.; A. Kobertson v. .E. Hunt, Mi Ts. 6d., 005t.9 .C'l 175.; James i<. Todd'v. Claudo Harold MonU'ort, .4:6 155., costs £\ 3s Bd.

POSSESSION OF. A TENEMENT. In a.onse ifi which the AVellintfton City I Corjjpi'ntibn proceeded against Arthur J. Cudby. on a claim, for Jell.\%. and possession of v, tenement, judgment was entered for plaintilf for the full aniount and possession, with costs amounting to .i'B 15s. -"■■• ■ POLICE CASES. Mr. S. E. M'Carthy, S.M., heaxd the police case.t Wxlliaui Augustus Callaghan, fifty years of age, was charged with having indecently assaulted a malo on June 1-, and was remanded until .Tune 19.

for insobriety, Thomas .lacobsen was iinod iiOs. iu delault seven clays' impriaonment, and six first offenders were each lined 10s., in default twenty-four nouns' imprisonment. t