MAGISTRATE'S COURT

Dominion, Volume 12, Issue 262, 1 August 1919, Page 3

MAGISTRATE'S COURT

CIVIL BUSINESS

INSURANCE COMPANY SUES MANAGER

The Eagle and British Dominions Insurance Co., Ltd., carrying on business in Auckland, proceeded against J. A. Vernon Irving, insurance manager, claiming a. sum of <£G7 Bs., being moneye alleged to have been received by the defendant to the- uso of the plaintiffs during Jaimar}-, 1917. The defendant counter-claimed for a sum of ,£75, being three months' salary in lieu of notice consequent upon the termination of defendant's services with tho company. From the statement of the counterclaim it appeared that tho defendant ivns originally engaged in England by the plaintiffs to go to one of their offices in New Zealand, and the engagement ivas conditional upon the defendant and hia wife's fares being paid to New Zealand. The defendant managed tho company's Christchurch branch at a salary oil .EIOO per annum and espouses. In January, 1917, the defendant drew from the company the sum of M 7 Bs. towards his return fares to England, as a result of his t«niKiiation, and the sum of .£75, bning threo months' salary in lieu of notice, but «t the request of tho head office of the company in London •ho agreed to cancel his arrangement about leaving the company's service and remained in charge of the Christchurch office till May 1, 1917, but did not draw any salary for that period. On Jiiiy ]. 11)17,-the company terminated its -ngricinent with the defendant without notice and agreed to pay-him three months' salary in lieu of notice, but desired to deduct such salary from the amount paid to defendant for his' return fares. Tho defendant therelore claimed the sum of ,£75. In support of the claim, counsel for plaintiff submitted that defendant had no authority from the company to draw tho .£O7 Bs. which he obtained, and in answer to the counter-claim counsel eontended that it was due to misrepresentation on the part of tho defendant to tho head office in London that the agreement was not terminated in January. His Worship, after hearing the evidence, gave judgment for tho plaintiff i'or tho amount claimed, and gave judgment for the defendant on the counterclaim for £li. Mr. Evans appeared for the plaintiff and Mr. A. W. Blair for the defendant.

MOTOK-CAE COLLISION. Tho sequel to a collision between a motor-car and a. motor-lorry on the ltimutaka incline on April 1 last was heard before Mr. W. G. Eiddell, S.M., when Arthur William Press, merchant, of Wellington, proceeded against Wm. George- Goss, coal dealer, of Upper Hutt, claiming damages amounting to £17 Bs. 3U. 'itio statement of claim set forth that on the date in question the plaintiff was ascending the incline when he met the doltnidunt's jnotor-car, which was driven by I'rank Goss. A collision occurred and the plaintiff's car was damaged, the result, it was alleged, of reekless and negligent driving on the part of the driver of defendant's motor. After reviewing the evidence His Worship gave judgment for the plaintiff for thu amount claimed and costs .£3 10s. 3d. Mr. T. ,T. O'Kcgan appeared for tho plaintiff and Mr. T. Young for the dete'ndant.

A CATTLE MYSTERY. The civil suit in which Wm. Sellars Bennett and Carrick, farmers, proceeded against J. M. A rondel, farmer, of Obui, IVanganui River, claiming tho sum of .£6l in lieu tfi the return of nine head of cattle, was mentioned again yesterday, when Mr. W. G. Biddell, S.M., reserved decision. During September, 1918, the plaintiffs sold a quantity of live stock to the defendant together with a certain property. Nine head of cattle'were left on the property and remained unsold, but it was agreed between the parties tliatthe plaintiffs could take tlteufshduld they not be ultimately bought by the defendant. Early in October, 1918, the plaintiffs sent their manager to collect tho cattle in question, but it was alleged that the defendant refused to allow the manager on his property. At the hcarinir Mr. A. Blair appeared for tho plaintiff and Mr. T. Neave for the defendant.

JUDGMENT BY DEFAULT. Judgment for plaintiff bv default was given by Mr. W. G. Kiddell, S.M., in the following undefended eases: Barber and , Co. v. B. E. M'lntyre, .£3 19s. 3d., costs 10s.; British and Continental Piaiiu Co. v. Mrs. Ellen Beedy, .£ll !)s. 7d., costs .£1 Ids. (id.; John George Baillie v. Thomas M'Gill, M fls. Oil., costs £\ 3s. Gd.; Wellington Drivors' Union v. John Af'Coll, ill, costs 75.: Florence May Paulsen v. Hubert M'Nelly, £i 2s. Gd., costs 10s.; E. J. Hyanis, Ltd. v. Arthur Moonan, .£35 IBs., costs £1 Us.; Baie Cohen v. .Henry Saunders, ,£2O, costs £2 17ri. ;i A. S. Patersou and Co., Ltd. v. Russell and Co., .£25 Ms. Id., costs £2 Us.; P. Fanning v. George. Hill, Mb, costs £] 3s. M.; Isabella Doney v. Charles Cecil JJrown, £5 Us. od., costs .CI 3s. Gd.

JUDGMENT SUMMONSES. John O'Brine was ordered to pay A. Locker the sum of £2 120. by August 11, in default 48 hours' imprisonment.. Tata. Parata was ordered to pay J. G. Stevens the sum of M 19s. by August 14, in default four days' imprisonment. William Henry Walton was ordered to pay James Henry Dray ;Csl lCs. Gd., by instalments of £i per'month.

POLICE CASES. Charges of theft of a rug valued at .£7, the property of Frederick Enstergaard, taxi-cab proprietor, mid of drunkenness wore preferred against Angus William Kidd. Eastergnard left hi* .taxi for a while and on returning found that the rug had disappeared. Meanwhile Kidd was found by the police struggling along the highway with the rug in his possession. Tho accused said that he had no recollection of the occurrence. On the charge of theft he was fined ,£lO, in default 14 days' imprisonment, and for drunkenness he was convicted and discharged. A charge, of being a rogue and a vagabond was preten'.'il ujr.iin.si. llo.ml'l Kniser, who was arrested while, soliciting alms on Lambton Quay on Wednesday. The accused had been previously convicted for being an idle and disorderly person. Tho evidence given in support of the charge was that the accused had accosted a man with the remark 'How are you holding?" and inquired of another "Are von going to .shout?" Ilis Worship said that there was insufficient evidence to record a conviction on the charge, and tho information would be. dismissed. A remand for a week for mrdical Irentmeut was granted in thn of Robert Cooney, who was charged with drunkenness and with a brc.ich of his prohibition order. On a charge nf theft of ;i portmanteau nml contents valued at .£l9 10.-)., Hie property of Stanley Gordon Cooper, John Ednion'd Johnson was remanded till Wednesday next. A fine of .£2 was imposed on Jospuli Cairne.v on a charge of theft of n wulkiii" stick from the shop of Jacob Morris, tobacconist. The licensed said Hint be was drunk at the time. Tho walking stick was valued at 3s. 6d. For drunkenness Hiitih O Neill was lined IDs., and one first offender was fined ss.