MAGISTRATE'S COURT

Dominion, Volume 13, Issue 76, 23 December 1919, Page 3

MAGISTRATE'S COURT

FILM ADVERTISING CONTRACTOR'S CLAIM AGAINST NURSERYMAN Mr.'W. G. Itiddoll, S.M., delivered toserved judgment in (lie Magistrate's Court yesterday in the civil action brought by John Swinson and Co., film advertising contractors, against Thomas Wniigh, nurseryman, Lower Hutt. Plaintiffs claimed .mi Is. 4(1. from defendant for services rendered under certain contracts for advertising in a number of picture theatres. Tlio defendant admitted liability for a portion of plaintiffs' claim, but counter-claimed for MS 2s. Gd. for goods supplied and £R0 damages -to his business, due, defendant alleged, to failure on plaintiff's part to carry out the contracts in a proper manner. Under the original contract plaintiffs agreed to advertise on the screens of certain theatres for five years, payment being quarterly . in ndvanco. Shortly after the contract came into operation, defendant wrote to plaintiffs a letter which showed that lie regretted the transaction. A good deal of correspondence followed, and subsequently on the renrcsenrnr'on of the defendant, plaintiffs reduced the contract price. Defendant stated that his renuost for a reduction, of the price was due to the impossibility of getting labour to' carry on his gnrdenimr. The defendant supplied plaintiffs (With certain material for the screen slides, and lie alleged that plaintiffs had failed to wake good use of it. In summing un, His Worship said that on the whole there was a want of definiteness about defendant's complaints. . . . The correspondence between the parties showed that all along the defendant was dissatisfied with the contract and'-wn* contimiollv askincr nlnintiffs to modify it. so that his liability might ba reduced. Plaintiffs complied with his requests to some extent, but at the same time told defendant that they ivere not preparnl to rolense him from :his contract. Plaintiff would be given judgment for .£ll4 Ifis., 'Id. (over and above the amount naid into Court, viz., «£2O 55.). with costs amounting to ,89 4s. As to the counter-claim. H'fl Worsliin gave judgment for defendant for ,£2B 2s. Gil./ which nlm'utiffs admitted owing- Hi' .Worship held that defendant had failed to establish his claim for £&l damages. , At the boring Vt. A. W. Rlnir anpeared fo? Hie nlainHlf s and Mr. T. Neave for the defendant.

POLICE CASES. A sentence of, two year?' reformative, detention was imoosed on Edith Convoy, .<s&lio was coiivieted on charges of being ;in idle and-disorderly person and of beiiis! an incorrigible Mruo in that she had been previously convicted as an idle and disorderly person and as a and a vasabond. A fine of £1 wo? imnosed on Albert '.Wins, who pleaded sniiltr to a charge of committing an- indecent act in Eg- . mnnt Street. For drunkenness' Mary Donaldson was convicted and discharged; Thomas .Tones and William James Thome were fined ]te. each; Denis Rloaue was fined .£3 for a breach of his ornhibition order; Martin Siinmelson was fined £1 and ordered to jwv 17s. fid. medical expenses. Walter E'dsrar Cronin. whose arwars in resnect of ' a maintenance order amounted to M, wos sentenced ' to a month's imnrisonmont, thp warrant' lo bo susncnde.d so lons as K)s. per week 5s paid off the arrears and the current payments of. 30s. per week are maintained. MAINTENANCE CASE. 'An order was,made for Edward Arb lo to contribute 10s. ner week lo 1 ;ls Hie maintenance of a destitute \. -ion. ■ A FLAT, EPISODE. Mr. -P- L. Foiling. S.M.. made on order binding Dosiinna Keen aii'd Tv.v Owen to keen the peace to each other. Each party: had annealed to the Court entering a'cnvnnlnint against'the other and asking that sureties fir th» maintenance 'of peace be ordered. The parties shared <i house in Owen Street, the upsta.'TS portion of which was occupied 'by Mrs. Keen and hoc family. A dispute arose and the parties soup-lit th« iurisdiction of the Court. . Uurinpr the lio.irintr of th» eases Mrs. Keen.admit- . ted striking Mrs. Oi'en, but claimed ; that this did not fallow until V r s. ' Owen bid struck hpr hvn.daugl'te'-s. M"*. Owen claimed that M'-s. Keen had ktmct- - «1 her unnonscAe-us for two hours. Mrs. Keen had two -musicnl dnu-rhtevs. and on tlie mVht of November 12. -when they were playini the niano. tVre arose from Mrs. Owen's portion "f the oVeYiing a violent banging of a kerosene tin. • \