MAGISTRATE'S COURT

Dominion, Volume 11, Issue 258, 19 July 1918, Page 3

MAGISTRATE'S COURT

CIVIL ACTIONS

CASE REGARDING TYRES

Judgment was given by Mr. W G. Ihcldell, S.M., at the Magistrate's Court yesterday, in the case in which E. W. Pulgeon and Co., Ltd., merchants, of Chnstchurch, proceeded against the Nattrass and Harris Motor Co'., Ltd., Wellington, on a. claim for ,£SG 10s. lid. for tyres alleged to.have been supplied. At the hearing it was stated that the claim was admitted by the . ifendants, who, however, counter-claimed for i'l3l Os. lid. The defendants stated in the counter-claim that from time to time they had purchased cars fitted with Goodrich tyres, or purchased Goodrich tyres from the plaintiff company. Owing to" defects in certain of the tyres and the desire of the plaintiffs to nduce motor-car agents-including the <l .'endauts-to nso the plaintiffs' tyres, the plaintiffs undertook with the defendants that they would guarantee all such tyres for 3000 miles, and requested .such agents, including the defendants, to return nil defective tyres to the plninliffs for repair or replacement. Accordingly the defendants from time to time returned tyres, and particulars of the tyres returned, with the mileage run in each case. Defendants alleged that a number of tyres were defective and that thev sustained damage to the extent of £W1 os. lfld. Alternatively, the defendants said that on the Bale of the tyres there was a warranty that they were of merchantable, quality and fit for the use for which they were sold.

In tho course of his judgment Mr. Kiddoll reviewed the evidence given in the case at considerable length, and said that as to the alternative claim for damages on the ground of a breach of warranty lie did not think defendants had produced sufficient evidence to prove their allegation. Judgment was entered for plaintiffs for .£56 10s. lid.,, with-costs M lis.'fkl. ond for defendants on the counter-claim for J317 7s. lid., with costs M 9s. Mr. M. Myers appeared for plaintiffs at the hearing and Mr. A. W. Blair for defendants. PLAINTIFF NONSUITED. Edward Harold Jones, farmer, of Wellington, sued Mrs. Jessie Aitcheson, of Wellington, for the recovery of the sum of .£llll and interest, at the rate of 8 per cent., making a total of .1:117. The Bum of .£llO was alleged to have been made up of sums lent to defendant by plaintiff on different occasions. Mr. E. M. Beeohev appeared for plaintiff and Mr. H. P." O'Loary.for the defendant. The defence was a total denial that the moneys had ever been lent at all. After hearing evidence His Worship nonsuited plaintiff. . POSSESSION OF PIANO. Before Mr. S. E. M'Carthy, S.M., the Bristol Piano Company, for whom Mr. P. W. Jackson appeared, proceeded against Hilda. Helen M'Naraara to obtain possession of 'a piano, or in the alternative the sum of d£GI 17s. Gd. Judgment was given for plaintiff on tho claim-for possession, the piano to be surrendered within seven days, in default the amount of £<U lis. Gd., with costs, to be paid to plaintiff. UNDEFENDED COSES. Judgment was given for plaintiff in the following undefended cases:—Charles Begg and Co., Ltd., v. H. Nichols, £i 10s. Gd„ costs 135.; same v. G. Parker, A costs £1 3s. Cd.; 'Veitch and Allan v. E. Evan, £'i, costs lis.; Osmond and Son (N.Z.), Ltd., v. H. O. Barnett, M, costs jfe.; Shavland and Co., Ltd., v. Mrs. L. Gibbs, £i 3s. 3d., costs 10s.; Vacuum Oil Co. Proprietary, Ltd., v. Alfred Charles Daniel, .£152 Is. Bd., costs £6 lis.; tho Lawrence and Hanson Electrical Co., Ltd., v. H. T. Giindy, .£59 -Is. Bd., costs £3 10s. 6d.; Atlas Insurance Co., Ltd., v. William Hendry, .El Is., costs 55.; Mabel Louise. Russell v. Joseph Henry Eussell, JCau 10s.-, costs M lis.

JUDGMENT SUMMONSES. .. In judgment sunmiODS cases George Plunkett, trading as "Queen's Motor Works,"- wns ordered to pay W. D. Dobson and Co., Ltd., the sum of .£l4 4s. Ild. by August 1, in default fourteen days' imprisonment; and Edward George Pliinket was ordered to pay Cotton Bros., Ltd., Mi ss. by August 18, or serve fourteen days in gaol. POLICE CASES. Tho police cases at the Magistrate's Court vesterday were heard by Mr. S. E. M'Carthy, S.M. Rautaunga Takarangi pleaded guilty to insobriety, wilfully damaging a. police constable's helmet, and with having committed a breach of a prohibition order. On the charge of insobriety he was fined Ms., in default 24 hours' imprisonment, for damaging the helmet he wns fined 20s. and was ordered to make good tho amount of damage, 135., in default fourteen days' imprisonment, and for tho breach of a prohibition/order ho was convicted and ordered to come up for sentence when called upon' One first offender for insobriety was fined 10s., in default 24 hours' imprisonment.