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CIVIL ACTIONS

Mr. W.'G. lliddell, S.M, heard, a case in which 11. E. M/Gownu, farmer, of Waiinajte, sued the ,Huddart, Parkc/r Steamship Company,' Ltd, for £i§ in connection with the alleged" non-delivery of a Hoover potato digger. Mr. M. Myers appeared for tho plaintiff and Mr. A. W. Blair for the defendant company. ' In his statement of claim, plaintiff set out that in April, 1913, he sold the potato digger to tho principal of the Gutton State Farm, Gatton, Queens-land,, and consigned it through the defendant company. Instead of being taken to Brisbane, the digger was unshipped at Sydney, where it remained, and was neverdelivered to Brisbane. It was alleged that the defendant company, without notifying the plaintiff of the non-deliv-ery of the digger, wrongfully sold it aud" caußed it to bo delivered to its purchaser. , Tho defendants had not redelivered the digger to tho plaintiff, or offered any compensation for its loss, wherefore the plaintiff claimed tlie sum of .£lO, the value of the digger, and £i damages for non-delivery to the proper quarter. For the defence, it was contended-that to succeed in the aotion plaintiff must prove negligence on, the part of defend-, ants. After hearing evidonco and legal argument, His Worship reserved his decision.

- DAMAGE TO A SHOP. A claim for .£35 damages arising out of an accident in Adelaide Road was heard by Mr. Riddell, the parties being Mary Ann Mawson, widow, and George Porcival Mawson, draper, administrators, and the estate of the late George Alfred Mawson, plaintiffs, and James Wilson, carting contractor, defendant. Mr. J. M. Dale appeared for plaintiffs and Mr. H. F. O'Leary for defendant. .Plaintiffs alleged that on February 2;>, 1018, a driver in the employ of defendant so negligently managed a horse and cart belonging to tlie defendant that the cart was backed into a shop owned by plaintiffs, with the (result that the veraudah posts were broken, also two plate glass windows; other damage was also claimed. The defence sought to show that the driver of the cart,' a man named T. Hobbs, was careful in the management of horses, of which he, had 1-1 years' experience, and that the horse, ordinarily a quiet animal, was frightened by something blowing in front of it. It was denied that the defendant's servant had been'guilty of negligence. Judgment was given for defendant, with .£2 Bs. costs. DISTRAINT OF GOODS. Before Mr. F. V. Frazer, S.M,, Jatoes Kennedy, grocer, of Emmett Street, proceeded against Percy Flynn, ostler, of 30 Russell Terrace, on a, claim for the return of certain goods, which lie contended had been illegally distrained, or in the alternative the sum of .£22 ss. Od, and .£5 damages for detention. Defendant -counter-claimed for one week's rent, £1 ss, and 2s..for coal ond lighting, alleged to have been supplied. After hearing evidence, His Worship gave judgment for the plaintiff for the return of the goods, or their value, and .CI ss. damages for retention. On tlie counter-claim, judgment was given for defendant for 255. and costs. Mr. A. 11. Hindmarsh appeared for plaintiff, and Mr. J. Scott• for defendant. POSSESSION OF A TENEMENT. Mrs. W. U. P. Barber sued William G. Bnillie for the sum of .£32 10s. and possession of a tenement. Mr. F. V. Frazer, S.M, heard the case, and gave judgment for the plaintiff for XIBIOS.. with costs, £2 12s. His Worship also ordered that possession of the tenement should be given by July 9. UNDEFENDED CASES. '

Judgment by default was given for plaintiffs in the following undefended cases:—To Aro Furnishing Co. V.Charles Storie, .£23 10s, lid,'costs £'1 10s.; City Corporation v. William Oswell Wilkinson, -fill) Bs. 7d„ costs .£1 lis.; "Dingle, England, and Wilson v. Ernest W. Biggs, 12s. fid., costs 75.; Ella Lamb v. T. Callingham. .£2l 159, costs £2 lis.; N.Z. Express Co, Ltd. v. Stewart M'Clelland, £\ Ills., casts 75.; Waterworths, Ltd, v. G. E. Burrcll, costs 10s. only; A..Goodwill and Co. v. The Wansfcad Fibre Co, .£Bl Cs. lid, costs, JM 125.; E. C. Chilcott v. W. 0. Clarke, .£B, costs .£1 3s. fid.; C. JO. Mullis v. Harold Oliver, £3 Bs. 8d„ costs 10s.; John Bigg and Co. v. John Byrne, M Is. 2d, costs 10s.; W. O. Wilkinson v. Robert Stanley Parriugtou, £"1 18s. 7d, costs JH 3s. Gil.

JUDGMENT SUMMONSES. In tho following judgment summons cases, W. If. Mayer was ordered to pay J. D. Kesteven M Bs. by monthly instalments of .£1; James Callinan to pay Mabel Bennett XI lis. by July il, in default 21 hours' imprisonment; and Waltor Lewis Clmlklen to pay Anthony ■ShaUoon and Co. «6U Bs. by July 2, in default seven days' imprisonment.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19180626.2.60

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 11, Issue 238, 26 June 1918, Page 8

Word count
Tapeke kupu
777

CIVIL ACTIONS Dominion, Volume 11, Issue 238, 26 June 1918, Page 8

CIVIL ACTIONS Dominion, Volume 11, Issue 238, 26 June 1918, Page 8

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