MAGISTRATE'S COURT

Dominion, Volume 11, Issue 234, 21 June 1918, Page 9

MAGISTRATE'S COURT

CIVIL ACTIONS

CLAIM REGARDING TYRES

Much of the. timo of Mr. G.' W. Kiddoll, S.M., was occupied at the. Magistrate's Court yesterday in hearing a civil case, in which there- was a dispute regarding' motor tyres. J'l. W. Pigeon and Co.. Ltd., merchants, of Cluistchiirch, proceeded against the ftatlrass anil Harris Motor Co., Ltd., Napier, on a claim for i's6 10s. lid. for tyres alleged to have- been supplied. Mr. M. Myers appeared for plaintilfs and Mr. A. W. Blair for defendants.

Mr. Blnir stated that tho claim was admitted by tho defendants, who, however, counter-claimed for JJI3I .Os.. Hd. Tho defendants stated in the counterclaim that from time to time, they had purchased cars fitted with Goodrich tyres, or purchased Goodrich tyre,? from tho plaintiff company. Owing to defects in certain of the tyres and the desire of tho plaintiffs 1o induce motor-car agents—including tho defendants—to use tho plaintiffs' tyres, the plaintiffs undertook with tlio defendants that they would guarantee all siiclv tyres for 3000 miles, and requested such agents, including tho defendants, to return all defective tyres to the plaintiffs for repair or replacement. Accordingly the defendants from time to time returned tyres, and particulars of the lyres returned, with tho mileage run in each ease. Defendants [alleged that a number of tyi'es wr* defective, and that thev sustained damage, to the extent of .Cl3l 6s. Hid. Alternatively, the defendants said that.on tho mto or' tho tyros there was a warranty that they, were of merchantable quality and fit for the uso for which they were sold. Mr. Blair said' that when questioned as to the development of tho defects the manager of Pidgcon and Co. stated that there had .been a strike in the Goodrich factory in America, and as a result the workmen had apparently deliberately made tyres of, poor quality, and many tvere dispatched from ths iactory before their action was discovered, defendants having received some' of them. The counter-claim. \ added Mr. Blair, was limited to 35 tyres. Tho case was contested on tho counterclaim, and after a good deal of evidence was adduced the hearing was adjourned until Tuesday. STABILITY OF A WALL. Reserved judgment was delivered by Mr. W. G. Eiddell, S.M., in a case in which Searlo and Jowett proceeded against A. L. M'Duff on a claim for .£73 2s. lid., an amount alloged to bo due to ono Huston for work done to a concrete retaining wall on the property of plaintiffs. It was stated that tho properly was purchased from defendant, the amount being payable by defendant in terms of an undertaking given by hini on .September 20, 1916. In his judgment the Magistrate said that a- written statement was given by defendant to plaintiffs guaranteeing tho stability of the wall and undertaking to make good any damage occasioned to it. This was given on the condition that tho wall was not called upon to bear any greater weight than it was then supporting. His Worship . said the evidence showed, that before tho expiration, of a year tho wall was in a con, dition. The corporation advised Searle to pull down tho wall and have it reerected. Defendant was so slow in commencing the work that Scavle lengagecl Ruston, who performed tho work at a cost of JZTZ 2s. Gd. Defendant sought to 6how that the price was excessive, and the Magistrate was of opinion that the weight of evidence was in that direction. Judgment was given for plaintiffs for ,£26, with costs £6 14s. At the hearing Mr. C. W. Tringham appeared for plaintiffs and Mr. T; H. Gill for dofendant. JUDGMENTS FOR PLAINTIFFS. John Boyd proceeded against J. C. Laverock to recover the sum of .£33, and after evidence had beon heard judgment was given for that amount, with costs, •£•1 IBs./ ' ' Charles Begg and Co., Ltd,, obtained judgment against J. Dodd. for lfls., with j costs Cs.; and in a case against J. W. M'Kay tho samo firm succeeded in recovering tho sum.of <£1 10s., with costs, fc. ■ . " UNDEFENDED CASES.i . Judgment for plaintiff was given, by default iu the following undefended i cases-.—George Bradley v. Henry Gas- j toine, iClO,'costs M 3a. Gd.; Commercial Agency, Ltd. (assignees) and Snrgood.'i Son, and Eweu, Ltd. (assignors), v. Mrs. j 51. Teviotdale, 195., costs 175.; Hope Gib-' bons, Sons, and J. B. Clarkson, Ltd., v. George Morris, MS 35., costs £1 35.; Wellington Hairdressers' Union v. L. Hansby, XI lis. Gd., costs.as.; Magnus, Sanderson and Co., Ltd., v. Norman Collctt and Co., .£SB "2s. Gd., costs .£3 18s.; V. Hayman and Co. v. Miss J. Ben-1 nett, Mi os. 2d., cents .£2 J4s.; T. Rogers v. Jack Crawford, A'lo, costs £1 4s. Gd.; A. and T. Burt, Ltd., v. ft. F. Hutchinson, M le. 7d., costs 10s.;'Commercial Agency, Ltd, (assignees) and Cycle and Motor Supplies, Ltd. (assignors) v. A. Rugg.-JEIS os.. 7d., costs M 10s. Gd.; Commercial Agency, Ltd. (assignees), and n. C. Gibbons (assignor) iv. J. A. Revell, M 12s. '6d., costs -fa. JUDGMENT SUMMONS. On a judgment summons, A. G. Poster was ordered to pay. James A. Doherty ! .£lO 9s. by July 4, in 'default ten days' imprisonment in Auckland Gaol. ' • , • POLICE CASES. Before Mr: W. G. Eiddell, S.M., Frederick Edward Woods, chief officer on the Himitangi, was charged with tho theft of two tins of benzine, valued at 225. Gd., tho property of the Chatham Islands Fishing Co., Ltd, Accused pleaded not j guilty. . j Inspector Marsack said accused was j mate .on tho Himitangi, and on Wed-; nesday he was found removing two tins i of benzino which lie was not supposed i to remove. The hearing of' tho case was adjourned until Monday, bail being allowed, self in the suni of ,£SO and one surety of A first-offending inebriate was ordered to pay :55., tho amount of expenses incurred for medical treatment as a result of a drinking bout. , ::: _:. . ■ I