MAGISTRATE'S COURT

Dominion, Volume 13, Issue 206, 26 May 1920, Page 8

MAGISTRATE'S COURT

CIVIL AND BY-LAW OASES.

Mr W. G. Blddell, 8.M., presided at the Magistrate's Court yesterday, and dealt T claim foTthe refund of £25 paid by way of deposit upon a contract for the win and purchase of a •freehold city property was made by Mrs. Althca Look .(represented by Mr. D. M. Findlay) against Miss J. K. Leahy (for whom Mr. J. Scott appeared), and R. B. T. Hiohardson and Oo„ land agents (represented by Mr. K P. Bunny). It was alleged by plaintin that the contract was- not proceeded with by the defendant Leahy, who was unable to perform the contract of sale while tho plaintiff was willing to complete the transaction in terms of the contract. After hearing tho ovidenco and argument by counsel, Mr. Eiddell reserved decision on a non-suit point.

TJNDEFENDED CASES. Judgment was given for plaintiff by default in tho following cases :-A.8.0. Garage v. A. K. Burns, £7, costß £1 3s. bd.; Oity Milk Supply, Ltd., v. W. Dcnnchay, Bs. 2d., costs 65.; James Smith, Ltd„ v. W. Williamson, f-l 16s. 4d.. costs Jos.j G. E. Browne and Co., Ltd.. V..A..E. Mppre, £7 95., costs £1 3s. 6d.; Eeid and Eeid v. D. 0 F. Spiers, costs only 155.; S. Eo.wo and Sons Ltd., v. L. J. Parsloe, £4 6s. 10cl., costs 125.; Crawley, Ridley and Co., Ltd., v J. R. Morris, £3 10s. 6d„ costs 10s.; N.Z. Automatic Bakeries, Ltd.. v. Mrs. K. O. Deighton, £1 is. Id., costß 55.; A. B. Fitchett and Co. v. Charles Brown, Hi 13s. 3d., costs £1 7s. 6d.: Cadbury Bros., Ltd., v. Fred Murray, £16 Bs. 6d., costs £1 10s. 6d.: Stephen A. Harris v. 11. T. Avery, £8 Bs. costs £1 7s. 6d.; E. Reynolds and Co., Ltd., v. A. Halm, £3 4s lid,, costs 55.; same v. H. G. Jl'Lcod, £4 18s. 2d., costs 10s.; B. Smith v. Mrs. W. Taylor, £1 os. 4d., costs 12s. JUDGMENT SUMMONS. Gcorgo John Plimmer was ordered to nay A. E. Bowdcn £24 16a. 6d. by June 15 o7 undergo 14 days' Imprisonment; Thonias Krnest Goig to pay Moliett and Sons £3 3s. by Juno 8, in default 48 hours' imprisonment; J. J. Duncan to pay the N.Z. Automatic Bakeries, Ltd., £8 Bs. 4d. by Juno 15, or undergo six days' imprisonment. .. TENEMENT OASES. In tho case of' Rothschild v. Irving, a claim for tho possession of a tenement tn Ohiro Road, Mr. V. L. Hollings S.M., who heard tho ease, made an order for possession to be given by July 1, and tho defendant was orderiiu (o pay -355. costs. Mr. N. Johnston appeared for plaiutitt and "r. G. \VatsCh M'r tfee defendant.

Victor Horace Baker, storekeeper, lor whom Mr, T. 0. Hislop appeared, Bought to recover possession of a dwelling house in Awarua Street, Ngaio, in the occupation of Charles Johnston, butcher, and his wife, who were represented by ilr. 11.I 1 . \V. Jackson. Tho house was let to the defendants about ecveu years ago on a monthly tenancy. Tho plaintin, in giving evidence, stated that in October last he sent workmen out to make repairs, and they reported that tho hoU6c was in a bad state. Another inspection was made about eight weeks ago, and the conditions were just as bad as they were in October last. On January 21 a notice to qnlt. was served on the defendants as the property had been sold subject to it being put iu repair. The house was depreciating in value, and was not fit for human habitation. The property had boen sold to a returned soldier for £600. Corroborative evidence as to tho condition of the hoiißß was given. Mr. B. Page, S.M., said that neither of the demands for quittanco made any referenco to tho points necessary to establish a clear case for the plaintiff, and ho would therefore rofuso the application.

Mrs. Kobinson was ordered to giyo up possession of a dwelling in Brougham Street to Mr. G. M'Lean by Juno 2a. it was shown iu evidence that tho owner had offered the tonaut another house at Lyall Bay at a reduced rental. In view of this and the fact that there was accommodation in the Lyall Bay houso for Mrs. Kobinson and her family, tho Magistrate (Mr. E. l'age) made the order. Mr. D, Smith appeared for tho plaintin and Mr. J. Scott for tho defendant.

BY-LAW CASES Mr. E. Page, S.M., dealt with the bylaw cases. A fine of £3 and costs was inflicted on James W. Q. Brodlo for driving his motorcar on the Hutt Eoad at an excessiyo speed. For allowing stock to wander, Walter Hadley was fined £3 and costs; Henry J.'. L. Hansen, £1 and costs; Albert Johns, 10s. and costs; Henry H. Knight, 10s. ana costs; Harry Mumnie, 30a. and costs; N.Z Automatic Bakeries, Ltd., 10s. and costs; George Sewby (two ohargea), £2 and costs on each charge; Stephen Stephens 5s and costs; Louisa Wells, 10s. and costs: John Keginald Welsby, £2 and costs.