MAGISTRATE'S COURT

Dominion, Volume 12, Issue 272, 13 August 1919, Page 2

MAGISTRATE'S COURT

POLICE CASES

Mr. B. tyagc, S.JL, heard the police cases in tho Magistrate's Court yesterday- , ,iTi Emilv Foster was fined 10s. fM William ]£ing XI for insobriety. After having been four times convict, eel of drunkenness in tho past half-year, James Mwnro appeared in the dock again on account of his old failing. He was fined 30s. and prohibited from obtaining liquor for twelve months. John Wynn, charged with drunkenness and disobedience of a. prohibition order, had had no fqwer than live convictions for drunkenness recorded against him* during the past six months. He was lined 30s. on the first charge and £3 on the second.

James. Farrell was charged with having stolen one tan boot upper, valued at 10s., from J. C. Ward and Co. Ho pleaded guilty. Tho police had discovered tha theft through an endeavour mada by the accused to dispose of tho 6tolen property. Farrell only last week complex ed a short term of imprisonment for 1 theft. Ho was sentenced to another fortr night's imprisonment. Leslie George Donaldson • was charged with 'being <i bookmaker 'and betting in tbo Grand Hotel. Ha was romanded till this morning. BREACHES OF~BY-LA.WS. Mr. Pago also heard v several by-law cases. H. S. Stoddart was fined cost* (75.), for having driven a motor-car at more thai. 1 'our miles per hour past 8 tramcar that was standing in Lambtort Quay. James W. G. Brodis, who had left an unlimited "ir in tho street after dark* was fined 10s. and, costs. Alfred Cronin, for a similar offence, was similarly dealt .with. David Bohjui was iincd 10s., and costs (75.) for having driven a car on tho i rrong fitd; of Dufferin Street. Donald Graham and David Hugh Miller, the owners of horses that bad been found wandering at large, wero eacli fined Ss., with costs (75.). CIVIL BUSINESS AN ADVERTISING CONTRACT-, Mr. W. G. Biddell, S.M., heard most of tho civii cases. < The Court resumed the hearing of'thf action brought by the John Swinson Company, advertising contractors, agiinst Thomas" Waugh, nurseryman, of Xwci* Hutt. 'V The plaintiff claimed .£135 Is. id.\i(H work done under an advertising contract. The defendant put m a counterclaim, in which he alleged that tbo plaintiff had neglected to carry out tho contract referred to in the statement of claim. Tha counter-claim also alleged that tho defendant had suffered damage by th« failure nf tbo plaintiff to carry out an undertaking given witb regard to tba issue of theatre passes bearing tho dc fendnnt's advertisements. In pursuance of an arrangement'between him and thd plaintiff (defendant farther alleged). defendant bad sunplied to' the plaintiff goods to the value of £2& 2s. Gd. Thirt amount, with £CM damages, ho claimed to recover from tbo plaintiff.

Mr. A. W. Blair represented plaintiff, and Mv.'T. Neave. the defendant.

Mr. Neave addressed tlio Court before jallinc Waugh to give Evidence. Ho contended that, the eontrset between Swrnson and Waugh was cancelled by the failure of Svinson to observe its terms. The defendant complained that whereas ae r cm-dins; to the contract Swinson was to advertise the defendant's business by mean 1 ! of picture slides to ihe approval of tho defendant, Swinsou had entirely disregarded the requirements of that business. He had not shown on the slides the material (hat lie was required to show, biiit had made up slides out of representations culled by him _ from American magazines. , Tho majority o" ili9 slides, represented'flowers and cot-tego-gardehs. ■. What Waugh had expected to be shown was a series of advertisements exhibiting his goods at Appropriate seasons' of the year. His goods were fruit trees, shrub.", and other things of that hind. He had derived no benefit; whatever from the exhibition of the slides.

Waugh and other witnesses, gavo evidence for the defence.

Tho ease was furthcß adjourned (ill Vridav, when counsel will flually addres? the Court.

CLAIM FOR DAMAGES PAILS.

Mr. Riddcll delivered .judgment upon a claim for damages brought by. T. and W. Yoiiiiitr. (Mr. Nea-ve) against the NcwZealnnd Shipping Company, Ltd. (Mr, Mve'rs). Tho, plain tiff claimed .£l2 7s, lid. for damages alleged to have been suffered in 1918 through defendant's failure to deliver at Wellington 37 flasks and 35 bottles of brandy in accordance with conj tracts contained in two separate bills or lading. Tho question at issue- was whe« ther two shipments of liquor for tiro plaintiff had been pillaged on the- company's vessels. The Magistrate found that tho casas 6ent by ono vessel' wero received in apparent good order and con; dition in London, and that tho weight of evidence wont to show that they wera landed in Wellington in the sanio apparent'good order and condition. In such circumstances ho did not thiDlr tho defendant could be held liable for a. breach of contract. With regard to tho cases shipped by' tho second vessel, thero was some evidoneo that some of them were knocked about when discharged, but this evidence was indefinite and was contradicted by other evidence. Judgment was for tho defendant, with costs.

UNDEFENDED ACTIONS. Judgment by default of defendant* was given for* the plaintiffs in tho fol« lowing cases:—P. 0. von Hartitzsch v. Charles Newson, .£ll 155., costs .£llOs.-fid.; Sims Hardware Co., Ltd., v. T. .1. C. Gurr, .£1 165., costs 55.; same v. W. J, Bailey, £1 Is. 3d., costs 145.; Stewart Timher Co., Ltd., v. James Joseph Kennedy, .1-5 Is. 10d., costs riSl ISs.: George and George v. Herbert Maitlaud, £-1 lis. Id., costs 12?.; Sing On Tie v. Mrs. A. S. Willoughby, .£2 lis. M.. costs 105.; Denhard Automatic Bakery Co.. Ltd., v. Mrs, M. J. Burnett, £i Hs. 9d„ costs 10s.; N.tf. Automatic Bakeries. Ltd.. v. Fred. Coley. £i Cs. 3d., costs 10s.; Kirkcaldle and Stains, Ltd.. v. Alfred U. Davieg, &l (is. 10tl.; costs £S Is. fid.; Gordon and Gotch, Ltd.. v. W. Moorej £3 12s. 3d., costs 10s.; P. Withers v. A. M. Bogus. .£l2 (is., costs -CI -10s. fid.; Mrs.; 11. Cole v. Henry Brown, ss. fid., costs .£1 3s. (id.-. JUDGMENT SUMMONS CASE. In d judgment summons case, Henry P. Asher was ordered to pav H. Bodley and Sons Ihe sum of X'l.os. id. bv install menfe of 12s. Gd. por month. TENEMENT CASES. In a tenement case, Eliza Baillie was ordered to deliver uo possession to Arthur Batchelor by August 22 and to pay .£l6 10s. accrued rent and ,£t IBs. costs. ; Miramor, Ltd.. sued John William Gregory for possession of a tenement. After the hearing of evidence, tho Mngis* trato held that the plaintiffs ]in<l proved their right to possession. Ho niado air Older accordingly,