MAGISTRATE'S COURT

Dominion, Volume 13, Issue 73, 19 December 1919, Page 3

MAGISTRATE'S COURT

, A DEAD SOLDIER'S ALLOTMENT 'CLAIM BY THE WIFE

Before Mr. H. L. Hollings, S.M., at the Magistrata's Court yesterday, Mildred Reed (otherwise known as Mildred Carlton), widow, lately a member of tho Alan Wilkie theatrical company, sought to recover from Frank Iked, chief mining .inspector and consulting engineer for the Mines Department, her fnthor-in-law, allotment moneys amounting to J?55 fo. Gd. . ' The circumstances of the case, acoordintr to tho statement of claim, were that plaintiff's husband was an officer of the Australian Military: Forces who, on pro'ceedinc to actire\servicc, arranged lor ■ the Army Pay Department to pay an allotment amounting to £2 12s. 6d. per week to the defendant, in trust for tin? plaintiff. Up to February 7, 1918, tho ' defendant accounted to the plaintiit lor tho moneys, but had failed to do' so since that date. On April 25, 1918, plaintiff s husband. Lieutenant Percy Heed, was killed in action. The last date on which the Pay Department paid over the allotment was July i, 1918, and plaintiff there-fore-claimed for the total sum due from February 7 to July i, viz., Gd. Tho defence was that: plaintiff 6 husband, the lato Lieutenant Reed, mstruct- ' cd defendant to cease paying the al otnient to his' wifo early in 1918. and that in response to his cabled instructions a sum of .£2O was forwarded to him. JJo.fendant acted,' in disposing of the moner, in accordance with plaintiff's husband s instructions. Aβ a matter of fact, the plaintiff was an actress, and- married .the deceased' officer, a eon of the defendant. The parties only remained together for'about three, weeks, when do- ■ ceased left for New Zealand. -He subsequently returned to Australia, and then -left for 'the war. Whilst away Jie wrote to his father (tho' defendant), intimat--in" that he. was making an allotment ci £* I°~ Gd f>()r week to him in favour cf" his'wife, in accordance with defendant's suggestion that ho (deceased) should do something for wife. Defendant administered the allotment m accordance with the directions of _lus late.son, who, in two '.otters to defendant, instructed him.to discontinue saying tho allotment to .plaintiff. ■ ■ After hearing tho evidence His. A\or- ■ ship noiftuited plaintiff, and allowed de■fendant £2 15s. costs. ■•■ Mr. L..J. Maul appeared for the plain*tiff and Mr. A. W. Blair for the defendant. .... . ■ JUDGMENT BY DEFAULT. •■• Mr. P. L. HolihißS, S.M., gave judg-. . ment for plaintiff !>y default in the folowiii" -undefended cases -.-Public Trustee . as controller of enemy: property of. the estate of Wilhelm Schoot, prisoner ot war, v. H. P. J. KcorJi. .-CIO Mte., costs '£1 11s. Gd.; Dalgety and Co. v. H. Majider, £9 Us. 5d., costs. -CI lis, Gd.; Lazarus •Wolfe Balkind v. Daniel Flynn and Flora , Plynn, £1 Is. 7d., costs Bs.; Public Irus;.tee v Karupo Tareha and Te Eoira Tareha, .£lO6 15s.' 9d.,..costs. £6 Is.; Commercial .*ecncy. Ltd., v. Gilbert T. Per- ' TOtt and Ellen Perrott, £Gi Us. 2d., costs M 11s.: Bristol Piano Co., Ltd., v. Wil--liam Chas. Albert Brown. .£5, costs £\ • VZs 6d.; Chas. Begs and Co., Ltd., v. H Nattrass, 155.. costs 65.; Commercial Agency, Ltd., ami P. Isaacs and Co. v. H! Crokaud, £W 10s. 1(1., costs £} IK ■6(1.; Burch and Co. v. F. Ferretti, £21 95., costv-£2 18s. TENEMENT CASES. William Adams 1? to give up possession of a tenement to Emily Galway by flecember 23, and to pay Al 10s. rests. / Plaintiff also claimed for the possession . of certain personal effects, which tho Court ordered to Tio given up, in default judsiinejit for .£9 2-3. Jtrs. F. W. Harding is to srive up noivee3siou of a dwelling in Abel Smith Street to the Public' Trusted within a month, and to p.ay'cp.sts.,, ...... POLICE CASES. . ■■■■ - . ' il Tho police list was exceedingly short, Sphere being only three, first . offenders for drunkenness to be dealt with. Mr. P. L. Hnllings, S.jSf..'was on the • Bench, and he fined one first offender 53.. !>nd convicted and discharged the remaining two.