MAGISTRATE'S COURT

Dominion, Volume 14, Issue 35, 5 November 1920, Page 3

MAGISTRATE'S COURT

POLICE AND CIVIL CASES Mr. F.~k\ Hunt. StH'.. Sad a very short 1 list of police cubcb to dnal with m the Magistrate's Court yesterday morniiiff. t Patrick Nolan, wis convicted, of. beinu a. roßue and a vagabond. ceant M'Namara, saia he bad a lpntf record of previoue convictions f.i a similar character. He was sent to r>rifon 'for three mpnthß. . • . ! GIYIIJ OABES. Mr, J. S. , Evanß. 8.M.. <leaH wUh the civil business and Bij-vc . -''' dL ' u '°j f ' J"J nlalntiff in the following undefended cases: GriiHthß find Co.. L'd.. >' C. Johnston, £11 13s. «<!.. costt £2 9f: Frank Hcdginan v. Holland Andrews. IBs. cost", cnlv: Commercial Agency ond !■ W. Jlilla Ltd v. IV. 11 n-e, £29 Js. cents £3 lis.: same and Wrightjuid _ Witt■ v. J. E. Vocel. £7 2s. ra.. costs £1 10s. 6d.; Jenkin. and .\fack. I.t J v. aß j!'. bourne. JCfl 4a. 7d.. costs £1 10s. od.; n. P. Hawson v. itobert Hobi. costs only: J. B. iracKwan / '>d C„. IM. v. Cr-niMte Jnno Durrant. £23 «e. 7d.: coatß £3 »«.: W"nlter Smart V. '' 11 . T.-'-ck'.vortl. £ti ICfl-. cost? £3 75.: llobcrt Wilmii and Co.. Ltd.. v. H. YT. M'Jlillln. £18 is., .ntis £5 lJfl i Griffiths and Co.. HI., v. Chung P"k. £24 17b. «d„ costs f3 >. In a .iudement summons case, M. liarnctt was ordered to pay C. and G. -Aldous £2 sb. by Novcnioer 11. in default 48 hours' Imprisonment.

SXIE OF A TiOABDING-BOtTSIi Alfred James llulme. hoardine-houee-keeper (for whom Mr. C-. B. O'Donnell appeared). sought to recover from Mrs. E-. Laird, of Hay Street. Oriental Bay (represented by Mr. o. ' W. Tringliami, dami«res aiuo'iu'-lns to £10?. Tsp.. made up of £67 10s. commission paid to an agent, £5 ss. legal expenses, and £30 for loss or income from eight hoarders. Plaintiff alleged that the defendant had 1 wronirfnllixwlthCrawn trom a contract lor trie salefty plaintiff to defendant of th«. goodwill of leant: of an apartment house in Hill Street and had occasioned the loss and damage 6Utcd. For the defence it was allrircd that the defendant had been wrongfully given tc understand that ii renewal of the lease -could he obtained, and it was also alleged that there had® been mitirepreßMitation as,t.o the number, ol rooms under lease. The heartnf? ol the case occupied the best part of the day. The Magistrate (Mr. P. K. Hunt) found that there «•«» no miarfnrenctnr.. tinn. but that there had been a certain amount of loose talk in connection with the transaction. The Magistrate also found,that:tne defendant dirt enter into a conl ract to purchase and later on repudiated it. The contract wse for £1350. The plaintiff could have minimißcd the loss by accepting the offer of • another purchaeot- which lie said he had. Judgment. was given for plaintiff for £50 with costs.

. MOTOR COLLISION :OASn. Mr. J. S. Evans. 8.M., Jipnrd nn action brought by J. Moore, of Wellington (Mr. W, G. Mellish), against L. MTarlane taxinronrietor (Mr. T. Heave), to recover £36 17s. dnmaces alleged to have been aus■tained by plaintiff's motor-car owlnr to defendant's taxi having been negligently and unskilfully'driven. The accident occurred on the night of Aucust 31, 1919. near the main wharf gates opposite the Post Office, from which the taxi had issued. Before henrinc evidence the Mneifltraie. accompanied b.v the two solicitors and' tho parties interested in the ouiCinsnected i the locality to ascertain exactly the positions of the cars prior to tho accident and how they apnroached one another so as td collide. After hearing the evidence the Magistrate said that it appeared to him that tho parties had enual opportunities of observation and . that when they did see one another the cum were about rouidistant from the' vioirtt where the collision occurred and therefore they were travelling at about the same speed. If there was neglieence■ i*n the part- of one. £h«re was neelieenee r>the part of the other. Mr. Evanß snul the indications were that the acciibnt was 'mainly due to the plaintiff's, own Tault. Juderment was given for defendant, who was allowed .£5 He. costs.