MAGISTRATE'S COURT

Dominion, Volume 13, Issue 208, 28 May 1920, Page 9

MAGISTRATE'S COURT

POLICE AND CIVIL CASES

• Tho police business occupied only a few ■minutes of the timo.of Mr. E. Page, SAL, in the Magistrate's Court yesterday morning. / , Frederick James Patching anu/ fciuiucl 'M'Donuld, alias Cox, two seafaring meu, '•were charged with the theft of W over- ■• ooats, valued at £76, the property of somo person or persons unknown, liotn ■aooused were remanded until Juno 4, and '•ball was allowed each in £200 and one 6Urety- of £200, or two of £100 each. Mr. •0. B. ■ O'Donncll appeared for Patching, and Mr. A. B. Sievwright for Cox. • A remand to June 4 was also granted in tho oaso of Alfred Phillipß a greaser, \yho • was charged with tho theft of two port- . nmntcaux and contents, value £19,. tho propotry of May Pearsc. . Annie Murphy, • for drunkenness, was fined 10s., in default 48 hours' imprison- . mont.. ■ \ .... . , .. Judgment was given for plaintiff by dofault In tho following undefended civil - oases :-W. E. Trott v. A. E. Otway, £53 6s. 2d., costs £3 163. 6d.; Tho Motor Import Co. v. Napier and Ogilvic, 13., costs *i ?s.; H. A. Haywood v. Mrs. Kate Warner (separate estate), £23, costs.£2 145.; same v.- David James, £81 Bs., costs. £4 lis.; Boilermakers' Union v. John O'Brien,, 165..costs ss.j. Public Trustee v. Mrs. Ellen . Loubere, £14 10s., costs £1 10s. 6d.; .same \. Catherine Middlemiss £8 13s. lid., costs •'.£ l 4b, 6d.j Commercial Agency and J. ,J. .'Langridg© and Co., I/td„ v. J. H. Small. ..£49 19a. 3d., costs £3 ss. JUDGMENT'SUMMONS. ' David M'Gavin was ordered to pay tho Wellington Plumbors' Union £2 os. 6d. by 'monthly instalments of 10s:; John OBrien, •'to pay the- Boilermakers' Union £1 4s. : by Juno 10, or serve 24 hours in prison; VEric Bill, to pay It. B. Sun, £13 3s. 6d. by June 10, in default; 10 days' Imprisonment. •TENEMENT CASE. • ) Frederick Breunncoke 'was' ordered to Jgive up possession of a dwelling to John Sidney Swan by June 10 and to. pay £2 •'9s. .'costs.' ' A OAKPENTEE'S CLAIM.' ; A claim for the sunt of £83 lis. lOd. was made by John ICiely (for whom' Mr. T. ■Neave appeared) against H. E. Manning • (represented by Mr. G. Watson), beforo Mr. W. G- Eiddell, S.M. The statement of ' claim set out that the plaintiff and dc- • fendant, who are builders, entered into a •'••' contract in Fobruary, 1919, to repair a. : houso at Kilbirnic for the State Fix In- > suvance Office at the price of J3450. • Tho .wqrk.was completed, and the morey paid ito Manning, who.undertook to p. 7/ all expenses and account for the balance which was to be apportioned the p/ar- • ties: Tho plaintiff's allegation was that ! the defendant failed to- do this, and also . failed to pay .'the sum of- £39 lls.ilOd.. which was duo for material. Thebalanca of tho claim was made up by the sum of .£l4, plaintiffs share of the profit on tho "contract'.' ' : : "

Mr. Neave stated that tho parties cnter,ed into,a verbal agreement to do certain : carpentering work. The first job yielded ' a profit of £167 14s. 10d., and of tbis plrj'n'tlfi was entitled to £83 17s. sd. liuorder to obtain the necessary timber, plaintifl had to give his personnl guarantee; and there was a balance of £35 still owing: further, there--was a sum of. £4 lis. llld. .due to the Gas Company. In addition tho •plaintiff advanced £13 to defendant, making tho total amount_due to plaintiff ±106 9s. 3d. oil the particular Job. Manning had paid'over £93 145., leaving a balrnco •of £40 15s. 3d. On another small job worth £9 10s.,- the plaintiff cxpended£l '■17s. 4d. pn material,-and the proportion duefo him on.tffat contract was £6 ISs. 4d.) On two other small contracts of £13 "and'£7"respectively,- plaintifl, had not re- : ocived tho half share to which he was, entitled;, thus making the amount duo to iplnintiff by defendant £57 7s. 7d.

Mr-.-Watson remarked that the particulars placed beforo tho Court by. counsel .for plaintifl did not coinoido with the statement of claim. A number of contracts were mentioned, while in. the statement of claim only one was mentioned.. ■ Mr. Kiddell: I have noticed on a number of occasions that details set, ..out in claims were very meagre. For the information of the defendant and the Court fuller details might, bo set out. Tho defence was that the plaintiff had been paid his half-share of the money, Tho.Magistrate, after hearing the evidence, reserved'judgment. CLAIM FOR COMMISSION. . Mr. P. L. Kollings.'S.M. heard the suit brought by Thomas' V. Vonables. Joseuh E. Ashbrldee, and 'John W. Ashbridce against S. 0. Mayall, tramway motorman, andvLavinia A. Collin, widow, of- Petonc. The nlaintiff sought .to recover tho sum of £23,25..6 d. for-iCommiKsion on : :tho.-saloof a property. Mr. P.-H. Putnam appeared for. the plaintiffs, and .Mr. H. P. O ! Le-arv ■for-;tho defendants. Tho statement .of claim set out thai the defendant Mavall, on behalf of Mrs. Collin.. gave written authority to plaintiffs in October, 1119. to sell premises in Adelaide Road. This it was alleged, was confirmed by M*s. Collin joining in a contract, arranged by plaintiffs for, the sale of the nrnnert" nt .WZS. Later the plaintiffs were informed by Mrs. Collin that tho Public Trusteo had an interest in tho property, and he declined to agree to the salo under the conditions arranged. Terms arranged subsequently were not approved, and the salo fell through. Plaintiffs claimed commission on the sale effected. After hearing evidence the Magistrate non-suited plaintiffs witli costs totalling. £3 16s.