MAGISTRATE'S COURT

Evening Post, Volume LXXXV, Issue 35, 11 February 1913, Page 8

MAGISTRATE'S COURT

A COMMISSION CASE. Reserved/decision was 'given, by Dr. M'Arthur, S.M;, in the case of J. B. MacEwan and, Co., dairy experts, of Wellington, v. T. Hudson, of Levin, a claim tot the sum of £5 3g, alleged to have been overpaid in error by the plaintiffs to defendant in respect of commission on the sale of a milking machine. - Mr. D. M. Findlay appeared for the plaintiff, and Mr. J. E. Fitzgibbon fdr the defendant. His Worship, in giving judgment, said the defendant received two commissions of equal gums^ one to his own name and ono to the Levin Auctioneering Company. Both these commissions were in respect of the same transaction, and Were calculated at 2i per cent. Defendant asserted that they represented due commission at 5 per cent. When applied to by the plaintiff for the return of ono of the sums, he made no reply. *ln his Worship's opinion, the defendant knew or ought to have known that an error had , been made. Judgment would be for plaintiff. ALLEGED BREACH OF AWARD. , the Wellington City Council Was .proceeded against by the Ilispectof »if Awards, who sought to recover the sum of £10 for an alleged breach of tho Wellington tramways employees' agreement, in that it did, on certain days in September, 3912, employ, a fireman named Tomlipson repairing furnaces, only paying him Id 3d instead of Is 4d per hour, a$ provided by tho award. Penalties Were also claimed for another alleged breach, the particulars of which are that the council did, during tho months of November and December last, fail to employ a trimmer On a Sunday morning shift. Mr. A. W. Blair appeared for the- In* apector of Awards (Mr. D. Carmody), and Mr. J. O'Shea for the City Council. Mr. Blair said the actions wero really teßt cases, no penalty being asked for by the prosecution. The case is' proceeding . UNDEFENDED CASES. Judgment by default was given in the following undefended cases:—A. D. Kennedy and Co., Ltd., v. William J. White, £20 3s 6d, costs £2 4b; State Guaranteed Advances Office v. James Paterson Hewitt, £13 10s Id, costs 18s'; C. and A. Odlin Timber and Hardware Company, Ltd., v. Edgar Hereford Claridge, £17 7a 3d, costs £110 a 6d; E. Bolton v. F^ Flan, £1 ISs 2d, costs ss; John Murray v* C. Bailey, £1 2s 3d, costs ss; J. B. Clarkscm Co., Ltd., v. Howie and Critchfield, £36 18s Bd, costs £1 3s; Dairyman and Farmers' Union Journal Co., Ltd., v. Herbert White, £16 3s, costs ss; Laery and Co., Ltd., v. E. J. D. Benge, £54 & 2d, costs £1 10s; William Harold Gooday v. Harriet Satherley. £1, costs ss; R. and E. Tingey* Co., Ltd., v. Tai Heketa, £19 lßs*6d, costs £2 Os 6d. JUDGMENT' SUMMONS. Lewis Mullany was ordered to pay Wardell Bros, and Company £3 12s lOd by 25th Februaiy. A LOAN TRANSACTION. • Judgment was given in the case of F. G. Bolton v, Burrell Bros. s a claim for £8 10s for professional services rendered. Tho defendants were, his Worship said, attempting to raise a loan on their property, of they held only a leasehold. An intending mortgagee was will- j )(]£• to advance the amount required, thinking the security was a freehold. On j j'inding that it was a leasehold, lie declined, to advance the money. , Plaintiff meantime had performed certain professional services, for which he now sued; butvhe -did not perform these services at Ihe rerjiMHt of the defendants; therefore could _li» rt-covpr ! After quoting- authorities his Wf-iVnip concluded: "Counsel for j ih& plaintiff 'isks lho to treat 'this claim under tho eouify of good conscience clause, but I confess I cannot admit that the prct*nvt is a casn .intended to be dealt with under that clause. Judgment for the ■detendiutt." . Mr., O. iiptio appeared for -theplaintiff and Mr. H., Oram for the de* lendant.--. " URtt.VJH OF AWARD. I Kay man Kihts, draper,, of Wellington, ■,vas, fine*! -Bl /or employing, during the period from Xst November to 30th December insf-, apprentices or improvers in '.•Kcess of tho tiumbei' allowed b.y clause 9 of tho award,.- Defendant stated that ho did not quite understand the interpretation of the award. At this, morning's sitting of the Mount Cook Police Cotirt, ono first offender, on bail, charged with' drunkenness, had his bail estreated. Two others, charged with similar offences/Svi-ero ronvicted and discharged. Mr. B%ht, J.P., presided. Very satisfactory progress has been made with the additions to the reservoir at Lower Hutt. The Borough Engineer reported to tho council at its meeting last night that the concrete walls were now up to full height. The piers have to be built in preparation for the roof. It would take some time erecting the false work for this before any more concreting could be done. The cost to date had totalled £365 9s Bd. The Chinese in Wellington propose to observe to-morrow as a holiday in commemoration of the establishment of the Republic, that day being the day on , which tho Emperor Hsuan Tung abdicated tho throne.