MAGISTRATE'S COURT

Dominion, Volume 13, Issue 1, 26 September 1919, Page 3

MAGISTRATE'S COURT

POLICE CASES

ALLEGED FALSE PRETENCES Before Mr. E. Page, S.M., at the .Magistrate's Court yesterday morning Herbert Muloney appeared to' answer a charge of obtaining from Ellis and Manton, Ltd.. on August G' last, a case of whisky valued at £1 18s. Gd., by means of a false pretence with intent to defraud. Sub-Inspector Emerson stated that some person ordered the whisky by telephone frc-.ii Ellis and Manton, and tho accused, who was a carrier, was alleged to have called for it and taken it away. He'asked for a remand till October i. Tho Bench agreed to this, and the accused was allowed bail in one surety ot 1-50. OTHER OASES.. . For committing a grossly indecent, act in 'Wakefield Street, Thomas Matthew Heffoy was fined £b, and on a charge of drunkenness he was lined 10s. A fino of XI was imposed on George William Rush, who was found guilty of disorderly behaviour whilst drunk. William Justine Ounninghamo was lined 10s. for drunkenness and was also ordered to pay Ml la. medical expenses, Similarly charged Neill M'Lean was fined 10s., and five first offenders were more leniently dealt with. PUBLISHING BUTTING NOTIFICATION. Reserved decision was delivered by Mr. E. Page, S.M., in the case of the Polico v. Thomas Rist. On September 18 the defendant was charged with having published a notification of betting on horse races to Constable George .Cameron. His Worship was satisfied.that the de-. fendant was guilty, and imposed a ponulty of .£lO and costs. At the hearing Mr. M. Myers appeared for the defendant. avifisiNEss • y • RESERVED JUDGMENT. Mr. AV. G. Biddell, S.M., delivered served judgment in the case in which Mra.'Alice Shingleton claimed to recover from the New Zealand Express Co., Ltd., the sum of JIB, .being Jsl special damages and ,£lO general damages. for loss and- damage incurred through the, alleged'neglect of the defendants' servants while conveying furniture and: other goods from Westport for delivery at Wellington. The goods had been conveyed from Burnett's Face, 20 miles from Westport, for shipment to Wellington, and on delivery certain articles were found to be" damaged and others were missing. . The evidence for tho plaintiff was that when the furniture was lauded from the Komata at Wellington they appeared to be intact, while the defendants stated that tho goods were badly packed and thlit any damage that was'doncYwas due to faulty packing. When the furniture was delivered plaintiff refused to accept delivery, as alio considered 'the charges were top high and .declined to pay them. Consequently only part was' delivered and the balance taken back to the.defendants' store. A fortnight later "the charges were paid and the.furniture attain carted to plaintiff's housel The.'Magistrate held that the defendants migM, be liable for some damage, but upon the evidence presented it was impossible *to decide definitely either defendants' liability, if any, or ! tho extent of it. Plaintiff would l>o nonsuited, with costs for defendants .£5 3s. At the bearing Sir: J. Scott appeared for the plaintiff and Mr. A. W. Blair .for the defendant company.. CLAIM AND COUNTER-CLAIM/,-' A dispute over the repairs to a motor vehicle was heard bv Mr. W. G. Riddelf, S.M., when J. E. Fitzgerald. Ltd., proceeded against J. A. Ross, of Eastbourne, carrier, claiming ,£GG 4s 4d. for petrol supplies and repairs .to defendant's ear. The amount also included instalments and interest connected with the purchase'of'the car. • The defendant- coun-ter-claimed for .£192-25., alleging thfi repeated breaking ' down of the motor vehicle sold by the plaintiff to the defendant, by reason of wl'/'- the defendant stated that he had had to give up business. ' Tho defendant further al-leged-in his counter-claim that the nlnintiff. had failed to adequately repair the car. . ' ■ " , After hearing part of the .evidence' His Worsliin adjourned the case for w week. Mr.' H. Evans appeared .for the plaintiff and Mr. W; Perry for the defendant. DISPUTE OVER FARMING GOODS. Helen Mary Stevens, of Otaki, proceeded against Maggie Stewart Oswald, of Johnsonville, widow, as executrix of tho will of the late .Tames Oswald, before Mr.' W. G. Eiddell, S.M M claiming £W (is. 4d. for certain goods supplied at the t'me_when the plaintiff leased a farm to the deceased Oswald. For the plaintiff it was stated that during March, 1918, she entered.into an agreement with tho deceased to lease a farm nt_ .Hautero Cress, which was in tho possession of the plaintiff, to Oswald at a rental of .£2OO per annum. The goods supplied included' 15 tons of liav and milkin? appliances, and plaintiff claimed .£BO Bs. 4d. for these. ■ - The case wns adjourned for a week after th'e evidence for the plaintiff had been heard. Mr. E. M. Beech ey appeared for the plaintiff and Mr. 0. Beero for the defendant, i ' . TENEMENT CASE. Vary Hughes was ordered to deliver up possession Of- certain .-premises to ■ the Board of College Governors by October !l, and. to pay .£l2 te. Od. accrued rent, with £2 costs. i ' JUDGMENT BY DEFAULT. .-' Judgment for plaintiff by default was given by Mr. AV. G. Biddell, S.M!., in the tollowirig undefended cases: Osmond and Sou (N.Z.), Ltd. v. John Lawson, .£5 2s. 6d., costs JS 3s. Gd.,- Lazarus Wolfe Bnlkind v, Patrick Nicholas M'Grath, .£3O Ills. Gd., costs .£2 Ms.; City Clothing Co. v/M. Walker,. .£5 55... costs .£1 3s. Ltd.; Commercial Agency, Ltd., and E. H. Wright v. Sharp.Bros., 25.'3d., costs £2 ?s. . JUDGMENT SUMMONS. , AValter C. Putter was ordered to pay the Jlakara County Council the sum of .£42 13s. sd. by instalments'of £3 per month.. T. J. M'Tnerney was ordered to pay C. M." Taylor the sum of .£l3 ; Gs;. 6d. by instalments of £3 per month.