MAGISTRATE'S COURT

Dominion, Volume 11, Issue 297, 4 September 1918, Page 8

MAGISTRATE'S COURT

CIVIL ACTIONS PLUMBING WORK AT AN HOTEL A claim for the sum of £4ii 19s. for plumbing work alleged to havu been performed was made by l'\ A. .Staples, plumber, of Lambtoi'i Quay, against James <M'l)qmild, licensee of the Albert Hotel, Willis Street. The en so was heard by Mr. W. G. Kiddell, S.M. Plaintiff was represented by Mr. H. Buddie, and-Mr. J. J. M'Grath appeared for the defendant, who counterclaimed for £24 4s. for damages stated •to have been sustained by him. Plaintiff's claim was made up of charges, connected with the repair of a hot-water service, relixing range parts, and various other minor jobs. Defendant contended that work done on May 10 was performed in a negligent and improper manner, and that it was of no value to him. It was also set out that the. charge of £31 2s. Gd. was exorbitant. In Juno tlm plaintiff undertook to remedy the defects, for which he charged a further £11 lGs. 6(1., whereas defendant understood that 'for this work no additional charge would be made. Defendant maintained that the work could have been properly carried out at a cost of £115. ■ He had incurred further expense in having tho work taken down and done over again, and he counter-claimed for £20 as general damages and £4 4s. by way ot special damages. \ Plaintiff denied that his were excessive, and held that the work' was of a difficult nature. After hearing a good deal of evidence His Worship adjourned the case until September 10. TERMS OF A LEASE. " Before Mr. F. V. Frazer, S.M., Frank Alfred Feist, of Cartertou, sued Frederick William Meyer, of Wellington, for the sum of £15 3s. 4d., being two months' rent alleged to he due on certain premises at Brooklyn. Plaintiff was,represented/by Mr. 0. C. Mazengarb, and Mr. A. W.-Blair appeared for the defendant. The position between the parties was that a man named Doekery was in possession of a shop and dwelling at Brookyn, of which Feist was the landlord. Feist gave notice to Doekery to quit, Doekery then arranged with Meyer for Feist to give Meyer a lease of the shop and dwelling provided Meyer permitted Doekery to reside in the dwelling until ho could get another place. The'lease was drawn accordingly, but Meyer was unable to obtain possession from Doekery. The contention of the plaintiff was that Meyer was estopped by the recital in , the lease from denying that he had agreed to the arrangement to take tho place subject to Dockevy's tenancy. Defendant maintained that as Doekery had not actually signed the lease consenting to the arrangement the lease did not become operative until such time as the defendant obtained possession from Doekery. His Worship held that defendant having gone into possession on the basis of the lease, he was bound by the whole document. • • Judgment.was given for plaintiff for tho amount claimed, less £5 17s.' paid into Court, with costs £2 Bs.

WORK UNDER; A CONTRACT. •Arthur Charles la Roche, painter, of Kilbirnie, proceeded against Abraham Levy M'Duff, painter and paperhanger, of Hataitai, to recover the sum of :627 135., which was alleged to be the balance due for. materials supplied and work done at various places under contract with the defendant. Mr. 0. C. Massengarb appeared for plaintiff and Mr. M. P. Luckie for defendant. Defendant set up the defence, that certain of the ivouk had not been prnperly done, and for that reason the contract had been determined. After hearing the evidence His Worship (Mr. F. V. Frazer) held that plaintiff had not proved'his case satisfactorily, and a nonsuit was entered. UNDEFENDED CASES. Judgment by default was given for plaintilfs in the following undefended cases: —Novelties, Ltd., v. L. Hansby, £1 3s. 10d., costs us.; Johusoiivillo 'Toiyii' Board v. Muhi li'arearea, £21 13s. 4d., costs £5 25.; same vi To Kehu Mocpnke, Tβ AVimreuga Moepuke, and Tamati■■Wirenru, , £50 lGs. Bd.. costs £5 S l7s. Cd.i samo v. Tamati AViremu, £64 (is. Id., costs £5 18s. Gd.; same v. lhaka Tβ Kou, £8 7s. lid., costs £2 IDs. 6d.; Trustees. in the estate of the late John Norton y. I\. Deacon, £fi 3s. Bd., costs £1 3s. 6d.: Johnsoriville Town Hoard v. β-angi Matangi, £15 7s. 5d., costs £1 19s. 6d.; Millar's West Australian Hardwoods, Ltd., v. W.' Priestly, £1 /13s. Is., costs 55.; Davidson and Coy. v.' A. E. Ituss, £9 ISs.'lOd., costs £1 3s. 6d.; son and Co., v. Hugh Paterson. £27 Us. 7d., costs £2 45.; Kodak. (Australasia), ,Ltd., v. 13. Cosgrovo, £18 11s. Id., costs £1 I.os. 6d.; A. Symonds v. Mrs. J. A. AVilloughby (in rosaect of separate estate), £G 2s. 7(1., costs £1 3s. 6d.; Kodak (Australasia), Ltd., v. J. J. Cameron, £3 14s. Id., costs J4s.; New Zealand Express Coy., Ltd., v. Henry Georgo Ell, los., costs 55.; W. H. Edwards v. J. Burling, £fi' 35., mists £1 10s. Gd.; J. Dillon v. A. A. Smith, £6 7s. 4d.,. costs £1 7,4. 6d.; Reliance Motor and General Engineering Coy. v. Leonard C'loake, £1 os. 6d., costs Ss,; P. AV. Memmott v. Alfred Hankerson. £3 Bs., costs 10s.

JUDGMENT SUMMONSES. In. ■ judgment summonses, To Korouebo was ordered to pay. AVillielm Farquhar Eggers the sum o£ £4 os. by September 7, or serve fourteen days in gaol; and T. Callirigliam was ordered to pay Ella Lamb £25 9s. by instalments of £2 a month. POLICE BUSINESS. • The police cases were heard by Mr. ■F, V. Fnizer, S.M. : ■William IJeitry Mitchell, who was charged with drunkenness and with thn bruacli of a proliiljitiun . order, was stated by liiapcutor Mursack to be an habitual criminal who had been releasLii by tile l.'risons Board. As bo had been guilty of drunkenness and had commiilwi a breach of tho lernfis ol' his prohibition order, his license had been cancelled, and he would ho sent back to prison to continue his sentence. In thosp, circumstances, His Worship convicted and discharged tlio accused. A line of £2, in default seven days' imprisonment, was imposed on. a soldier named George Bigg-Wither, who was convicted on a'charge- of having committed a nuisance in Litinb'tou Quay.

Arthur James Hab, a member of one of the lieini'orcement drafts, was lined i! 3, i. Sjfault fourteen days' dnteution, for having used obscene- language in Tory Street. . ' For insobriety, Lilian .Tukns was fined £2, in default seven days' imprisonment, and was prohibited, and Oliver Dunford was lined 105.., in default 48 hours' imprisonment. George JWward Blake was nhareed that, nn-or .about ■December 3, 1917, be sold by auction a motor-cycle, valued at £iy ]os., the properly of Sutherland and Biinkino, and did fraudulently omit to pay the proceeds to them. Mr. P. W. Jackson appeared for the accused, whose ease was adjourned until September 18. Thomas G. Wilkes was ordered to pay costfi, 75., on a. charge of having diiven a motor-en r round the corner of Tasman and Buckle Streets at a greater speed than six miles per hour.