MAGISTRATE'S COURT
" ■ »' .. '■ POLICE, CIVIL /AND BY-LAW CASES ■/ Evans, 8.M., presided at the Court yesterday morning, and . dealt with the police cases. .. • Herbert Harrißon, who failed -t,o appear, was, on a charge of 'drunkenness, lined 6s„ and on a chargo of breaking about a dozen glasses in the Pont Office Hotel, »■ lined Zflfs,, being also ordered.to cay Jss. damages. For drunkenness, Elizabeth Kilminßtw *na John Sharpo were each lined 10b. CIVILWNESS Riddell,. S.M., dealt with the Civil business, and gave judgment for plaintiff m the following undefended caseß: —Denhard Automatic Bakeries. Ltd., v Margaret Emmerson. £2 17b. lid., costs 225. 6d.; Jane Hampton v.-Wm. M'Luskie, £7 10b., costs- £1 Us. 6d.: Mary W, Patterson v. John Smith. £4 2s. 3d., costs 245. 6d.: Hallenstein Bros., Ltd., v. J. O'Shoa, £4 Vs., costs 21s. 6d.: T. O'Brien v. -2J. OR. : . Stone, 375. 6d., costs 65.; N.Z Picture Supplies, Ltd.. v! A. Harrison. £U0 3b. *d., costs £6 Is.; W. W. Martin v. J[elvin Loveridge, £■5 15s. 6d„ costs 31s. 6d.; Tavloriand Br own v. Thomas Maeon, 225. 7d., costs Mb.; Roland Powoll "v. J. Brown, £5 55., costs Ess. 6d,; P». T.. Richardson v. Thomas Ma/ honey, £3 15s„ costs 21s 6d.; L. A. Oiark v. H. M. Keith, £4 2s. ; 6d.. costs 21s. 6d.; R. T. Richardson v. James de Montfort. ■ £3 12s. 6d., costß 21s. 6d.; City Corporation v. -Emma Healey, £i 17s. 2d., ooßts 6n.: lanio : v. William J. Gibson, £4 4s. 8d„ costs 65.: Magnus, Sanderson and Co.* Ltd.,' v. L. Whiting, £2 tsa. 6d,, coatß 21s. 6c1.;,im0 v. Bert Avery. £2 17s. 3d.. costß 255. 6d.A. 8. Fagg r. "Antonio Ercalano pud Alex. 0. Thompson. £26 fls. 9d.. costs £2, 198. 6d.; Laory and Co., Ltd.. y. Mrs. L. Yin Bor,:, £101. 4b. 10d., costs 455.;. Norman K.. Aitken v..John A. Crawford, £18 19s. 10d., costs <45.; National Mutual Life v. It. 11. V Phillips, £37 10s„ costs £3 Bs. 6d. . v
, LIABILITY OF A PUEOHApR. W. H. Nash, leather and grindery merchant, «ought to recover £9 13s. 6d. from ft. Hannah, bootmaker. Manamii; Mr. O. C. Mnzengarb appeared for plaintiff, and Mr. F. J. Maule for defendant. Certain goods were ordered by the defendant from the plaintiff, and the latter consigned the goods and obtained theußual railway receipt. When the defendant called to take delivery of the goods-at the ilag station, a c.iae of leather was missing, though- a case of grindery was received. # Counsel contended that under auch conditions the purchaser was liable for- payment for the goods, otherwise it would bo practically impossible for merchants and others to. carry on -business ' with customers .in the country. The plaintiff stated that he had offered to'share the,loss, but this was declined by the defendant. * • It -was maintained for the defence' that the purchaser had a right - of rejection of the goods Bupplied, and in the present case Hannan had not hod the opportunity of rejecting the goods had h*v deflircd to do So, arid should not. therefore bo called upon to pay for them. _ The Magistrate said that plaintiffs offer to bear half the loss was'a very fair cnf. which should have been ; accepted. There appeared to he a very strong,presumption that the goods placed on the-fnuway were In accord with defendant's order; nor had the defendant made a .request for Examination of the goods: he had not .previously rejected any goods Ruoplied by plaintiff. It was oocn to the defendant to taKO ac* tion against, the. Railway Deportment. Judgment was given for plaintiff, with costs.
A FURNISHED HOUSE. Annie 'O'Sullivan (for ■whom Mr. 0. 0. Mazongarb appeared) Bought to obtain possession of a dwelling-house _in Drummond Street, , and the furniture _ and. effects theroiri. from May East, together with rent totalling £12 16s. There waß also , a claim for damaged goods. The house _v>as let furnished to the defendant -at oSa. .per . week about 15 months ago. The plaintiff recently sold the .property to William .'•Ellis wharf labourer, and on Slav 22 gave notice of determination of the tenancy. 'The defendant's husband • undertooK in . writing to give up possession on June ZD, " and to allow the furniture to be removed on that date. But on the date delivery of the furniture was reftised - and , the ■ houße was not vacated., . Tie eave judgment for plaintiff for. £"1°? damage to furniture, and £12 16s. with costs and- fees, and possession or the furniture. .(W the olaim for possession ot tenement he nonsuited the plaintiff, holding that the tenancy, had not besn pro-, perly determined. . ••.. BY-™ .. -V Mr. J. S. Evans, S.M., dealt with,the by- ' law cases. , W. Grant and J. Greaves were cliar«d with leaving their horses ,ln Customhouse Quay unattended. Suh-Ir.sDiy'.or hmerson stated that a. practice hnd grown ur among carters and other.? of leaving-tneit horsei tied to some railing in Customhouse Quay. The men hnd been warned, but this had hnd no effect. defenda-nt was convicted, 1 'and ordered to, pay 7b. C °Fnr havire no numbers on their, motor vehicles. Albert d'Posti".e war. fined 10'.. with 7s. cn«ts: W. Wnllinp-. ss. and I'H. posts: 0. Hewson. who was. merely the driver of a vehicle, w.aß convicted and discharged. , A VT. and B. Avoj-v were each fined lbs.. :with 7s. costs, for haying no lights on.'heir motor-cars., ■ '. For having provided insufficient -wnter frr fliiiitary purpo»"s (the "vorlc hnvi-,7 since beer, doieK >''9. Cot'iss wes ecnenl' oWiced to pay 7s. cos's. C. Ferkiia «' " v - ; "nd r- «n v ,7c. msffl .tnp having a defective d'tin. on her pronerty.
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Dominion, Volume 13, Issue 296, 8 September 1920, Page 3
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921MAGISTRATE'S COURT Dominion, Volume 13, Issue 296, 8 September 1920, Page 3
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