MAGISTRATE’S COURT

New Zealand Times, Volume XXXVII, Issue 8348, 7 February 1913, Page 11

MAGISTRATE’S COURT

THURSDAY’, FEBRUARY 6. (Before Mr W. G. Riddell, S.M.) Frank Quade was sentenced to seven days’ imprisonment on a charge of deserting from tho Turakina. Kenneth Green was remanded until tho 12th inst. on a charge of stealing a handbag, a purse, and £1 Hs 7id in money from tho person of Ellen Sunderland. CIVIL MATTERS. (Before Dr A. McArthur, S.M.) PLAINTIFF’S ACTION FAILS. Dr McArthur gavo judgment in tho case in which John Henry Hooper, commission agent, Wellington, sued Edward Law, farmer. Shannon, for tho sum of £BO for commission on tho sal© by tho plaintiff to one George Bell, of defendant’s farm at Shannon. His Worship said that, in his opinion, the evidence of tho plaintiff and tho correspondence put in did not disclose a binding contract between the defendant and the plaintiff’s principal, Bell, now deceased. In such circumstances the plaintiff could not be entitled to his commission. Judgment was given for defendant. Mr F. P. Kelly represented plaintiff, and Mr T. C. A. Hislop defendant. A MOTOR-OAR COVER. Hatrick and Co., merchants, proceeded against A. G. Crow, cyclo dealer, Woodvillo, to recover tho sum of JEM 19s 6d, being the amount alleged to bo due for the sale of a cover of a motor-car. , , Mr E. J. Fitzgibbon appeared for plaintiff, and Mr E. O. Lovvey for tho defendant. The defence was that the price was included in the price paid for the car, which was purchased by one J. W. Read©, and sold by him to the'defenHis Worship said he considered the weight of evidence was against tho plaintiff. Judgment was entered for the defendant with costs. CONCERNING COMMISSION. J. B. Mac Ewan, dairy experts, Wellington, claimed from. T. Hudson, Levin, tho sum of £5 3s, alleged to have been overpaid in error by tho plaintiffs to the defendants in respect of commission on the sale of a milking plant. Mr D. M. Findlay appeared for the plaintiff, and Mr E. J. Fitzgibbon for the defendant. For the defence it was contended that tho money was paid on a 5i per cent, basis, and not 2i as alleged by the plaintiff. Judgment was reserved. A BENT CLAIM. In the case Charles R. Paxata v, George Charlton, a claim for £l6 5s rent, judgment was given for plaintiff with costs, £5 0s 6d. Parata is an estate agent, of Wellington, and Charlton is a farmer, of Dunedin. UNDEFENDED CASES. Judgment by default was given for plaintiff in the following undefended cases• Wollerman and Co. v. Robert King, £1 9s 2d, costs 7s; Thompson Bros., Ltd., v. Lawrence McCarthy, £1 6s, costs 6s; Commercial Agency, Ltd., v. 0. W. Bonnington, £lO 15s 2d, costs £1 10s 6d; H. Price and Co., Ltd., v. Bennett and Co., £5 ss, costa £1 3s 6d; Horace Danvers Bate and Ellen Baker v. John Phillips, £6 Hs, costs £1 11s 6d; H. C. Gibbons and Co., Ltd., v. Frederick Simmonds and Co., 6d, costs 10s; Walter Stanton and William Grant Daville Evans v. George McGregor, £5 7s 4d, costs £1 3s 6d; Charles Pratt and Co. v. Edmund Stratford, £1 Bs, costs 11s; same v. John McGarvie, £1 4s, costs 15s; same v. Henry Downs, £l6 16s 6d, coats £1 16s 6d; same v. Frank Galyer, £9 17a, costs £1 7s 6d; same v. Frank Mischewski, £2 3s, costs 19s; same v. Ernest Sowry, £6 18s 6d, costs £2 8s 6d; Rosenberg and Co. v. Robert Campbell, 16s, costs ss; same v. Holmes Barclay Oliver, £2 5s 6d, costs 6s; Commercial Agency, Ltd., v. E. Gerrish, 17s, costs 15s; Cadbury Bros., Ltd., v. George Kirby, £3 11s 6d, costs 6s; J. B. Mac Ewan and Co., Ltd., v. W. H. Rennie, £3 2s sd, costs 10s; Agricultural, Pastoral and Food Company, Ltd., v. Christchurch Poultry Supplies Company, 18s, costs ss; J. B. Mac Ewan and Co., Ltd,, v. Morton McKenzie, £67 13s 3d, costs £4 Is 6d; Commercial Agency, Ltd., v. John Hagerty, £1 2s, costs ss; same v. Alexander Charles B. MUnro, £lB 15s, costs £1 18s 6d; same v. Phtriok Ring, £1 5s 6d, costs ss; same v. John Adams, £4 _ 19s 9d, costs 10s; same v. Charles Heinia, £l, costs 10s; same v. William Herbert Eccles, £1 10s, costs 6s. (Before Mr W. G. Riddell, S.M.) A NONSUIT ENTERED. A claim for £l4 8s 6d for horseshoeing work done and repairs to a vehicle was made by Michael McGrath, blacksmith, Wellington, against Mrs S. J. Bird. Wellington. Defendant disputed the claim on the ground that th© work was executed, not for her, but her son, C. Bird. His Worship, after hearing evidence, nonsuited plaintiff. Mr V. B. Willis appeared for plaintiff, and Mr R. Kennedy for defendant.