MAGISTRATE'S COURT

Dominion, Volume 11, Issue 232, 19 June 1918, Page 8

MAGISTRATE'S COURT

CIVIL ACTIONS CLAIM. FOR POSSESSION Mr. W. Ct. Riddell, heard a case yesterday in which Vilhelm Jensen proceeded against Sire. Ji. V. Cave to recover possession of a house in Tinakori Koad, also .£3 ISs. rent. Defendant is Iho wife of a soldier on active service, at present lyiiiff iii hospital wounded.: Mr. C. H. Treadwell appeared for plaintiff, and Sir. P. W. Jackson for defendant. Plaintiff contended that ho required the house for the use of his daughter, who is at present living at Day's Bay. Defendant resisted tho claim on tho ground that her rent had been paid, and that tho was unable to o.btah another house. On behalf oliHhe defendant, it was represented that under the War Legislation Amendment Act' no order for recovery of possession of a dwellinghouse, or of the ejectment of a tenant therefrom, should be mado so long as tiro tenant continued to pay rent, or if the tenant took reasonable tare of the premises, or that the premises were reasonably required by the landlord for the occupation of himself or some person in his employ. A further defence was that a month's notico to quit was not given to tho tenant. His Worship, held that though the plaintiff did not require the premises for his own occupation, there wero other grounds which he deemed satisfactory for making an order for possession. No order would be made as to the claim forrent. Substantial notice to quit had also been given. Notice of appeal was given. . . A CASH BUSINESS. A. H. Wallace, mercer, of Wellington, trading as Wallace and Gibson, sued iiert. Matlrieson, of Palmerston North, tor the rejovery of J826 ss. alleged to be owed to plaintiff by ths defendant. Mr. E. A. Hoie represented plaintiff, and Mr. M. Myera appeared for defendant. . Plaintiff stated that defendant was formerly employed by him, part of his duties being to mako sales among officers and seamen of ships. Defendant was instructed not to give credit, but he had done 60, with the-result that debts amounting tp Ji'26 ss, 9d. remained, unpaid. The defence was that there was nothing sufficient in writing to prove that defendant was liable for the amounts.

His Worship said the claim was rather an unusu'al We. Plaintiff held the defendant liable bec.iuse ho had not received money from certain of ( lhe customers, and stated tliat he instructed the defendant (hat business must bo conducted on a cash basis. If tint were so; defendant was guarantor of the amounts. Defendant could not be regarded as a principal. Inasmuch as plaintiff had not obtained from defendant' a written guarantee he must bo nonsuited.

( A NONSUIT ENTERED. Reserved judgment ivas given by Mr. Kiddell in thj casu in which Hutchison and Arnold, barristers and solicitors, proceeded iwainst the members of- tho family of Colonel Porter for the recovery of isi 195., balance of costs alleged to have been incurred in connection with a case heard before the Native Appeal Court relative to a block of land at Mangahnnui. His Worship said it had been assumed by Colonel Porter I hat he had'authority from his family to act as administrator iii the case heard before the Native Appeal Court. Tlie\ members of thejfamlly that they had not given their father authority to engage Messrs. Hutchison and Arnold as counsel' on their behalf. In giving judgment, His. Worship held that the members of Colonel Porter's family could not be considered liable for such expenses as were incurred, and plaintiffs were therefore nonsuited. At the hearing tho plaintiffs were represented by Mr. G. Hutchison. Mr. T. Weave appeared for Mr. Donald .Porter, and Mr. A. Lnk?. for Mr. Raymond Pprtcr and Mrs. Hammona, PLAINTIFF'S CASE SUCCEEDS. ■ Before Mr. Kiddell, James Stuart, farnieV, of Nelson, sued Albert Tasker, of Wellington, for 16s. in ' connection with an amount alleged to. be due | on a promissory note. ' Mr. C. H. ' Treadwell appeared for plaintiff, defendant beiug unrepresented by counsel. After evidence had been heard judgment was given for plaintiff for tho amount claimed, with costs .£5 3s. UNDEFENDED CASES. Judgment by default was given for plaintiffs in tho following undefended cases Henry L. Bi'yenton v. James Puddle, .111 15s. 4d., costs 125.; .GeoVge and Jverslcy, Ltd., v. Miss Agnes Murphy, J;-13 ilis., costs .£3 95.; Bannatyne and Hunter, Ltd., v. F. W. Howard, ■Cil Ills. 3d., costs .£2 155.; William George Fitchett v. Herbert F. Aiander, .£l3 Is. Cd., costs JE2 2s. Gd.; A. S. Paterson and Co., Ltd., v. F. W. Howard, .Wi? 15s. lid., costs iH 55.; Kempthorne, Prosser and Co.'s N.Z. Drug Co., Ltd., v. R. Reeves, -fild lis. 8d„ costs J3l 30s. Gd ; N.Z. Express Co., Ltd., v. F. W. Harding, las., costs 55.; -11. Hodley and Sons v. George James Douglas, .£2 10s. lid., costs 125.; .)aines Dillon v. William IKrbert Isherwood, ,£3 6s. 7d., costs 14s. j Spencer George Radford v. James M'C'rea, 10s., costs 125.; Levin arid Co., Ltd., v. W. Diddle,' «£9G 6s. 10d., costs cCI 18s. JUDGMENT' SUMMONS MATTERS. In judgment summons cases R. Sutherland was ordered to pay Hallenstein Bros., Ltd., .£1 17s. by July 2, in.default 21 hours' imprisonment; William Henry Ivinvig to pay tho New Zealand Automatic Bakeries, Ltd., the sum of £1 lis. 2d.'by July 2, or go to gaol for seven days; Walter Lionel Chalklen to pay Anthony Shalfoon and Co. =£11 Bs. by July 2, in default seven days' imprisonment. j. i I ' ASSAULT AND MAINTENANCE CASES. Mr. F. V. iVazer, S.M., heard the police cases, Albert Martin Chaney was charged with having assaulted William J. Reynolds, a returned soldier, the letter's .wife, Cordelia Reynolds, and also with having used obscene language. Accused pleaded guilty to the charges, except that' of'having assaulted Mrs. Reynolds. Mrs. Reynolds stated that she approached accused for' the collection of somo moneys, and he became abusive. When he made use of certain renidrks sho smacked his face. Accused struck her twice with his clenched fists. ;ller husband intervened, and accused struck him and knocked him down. Evidenco on similar lines was given by William J. Reynolds. Accused said ho accidentally struck Mrs. Reynolds while putting up his hands to protect: himself. His Worship held that accused must bo convicted, and said that one could hardly blamo Mrs. Reynolds for striking tho accused, considering the natu'ro of the language the latter used.

tor assaulting Mrs. Reynolds accused was fined i' 3, and oil tlio charge of assaulting her husband lie was fined .£2. On the other charge, he was convicted and discharged. A month was given in which to find the money, default being fixed at If days' imprisonment on one charge and seven days on the other.

Ernest Frank Gartrell was ordt'red 10. pay his wife, Florence Louisa Gartrell, maintenance at the rate of 255. per iveek. J'ast maintenance, .£lO, was ordered lo bo paid off .at the rate of 2s. lid. per week, in addition to the amount already fixed. Costs, ,£1 Is., were allowed complainant, whoso application for a separation order was- granted. Mr. G. G. G. Watson appeared for complainant, defendant being unrepresented by counsel.