MAGISTRATE’S COURT

New Zealand Times, Volume XXXVII, Issue 8352, 12 February 1913, Page 9

MAGISTRATE’S COURT

TUESDAY, FEBRUARY 11. (Before Mr W. G. Riddell. S.M.) Emilio Alexander Menzies was remanded to apj)ear at Dunedin to-morrow on a charge of fraudulently omitting to' account for tho sum of MS 17» 6d to the Union Steamship Company. Chief Detective lira berg stated that probably more charges would bo preferred against the accused. Norman Campbell, charged with being found drunk while a prohibition order was in force against him, was sentenced to two months' imprisonment. It was stated that he had twice been to Eotoroa Inebriates’ Institute. For insobriety. Henry Stanley was fined 10s. CIVIL MATTERS. (Before Dr A. McArthur, S.M.) A SOLICITOR’S COSTS. His Worship delivered judgment in the case in which Burrell Bros., farmers, of Cheltenham, were proceeded against by Frederick George Bolton, solicitor. Wellington, on a claim for £8 10a for professional services alleged to have been rendered. The defendants were attempting to raise a loan on their property, of which they held only a leasehold. An intending mortgagee was willing to advance the amount required, thinking the security was a freehold. When ho found that the security was a leasehold he would not advanco the money. In the meantime, plaintiff had performed certain professional services for which he now sued, but he did not perform these services at the request of the defendants. The question was, could he recover? Counsel for the defence asked his Worship to treat the claim under the equity and good conscience clause. His Worship could not see that the case was one intended to bo so dealt with. HaLsbury, in the Laws of England, said that although it was almost the invariable practice for the mortgagor to pay tho costs of the mortgagee's solicitor, there was not any usage which bound him to do so as between such solicitorjuid himself. The prevailing practice in all mortgage transactions for the mortgagor to pay to tho mortgagee the latter’s costs did not rest upon utmge, but upon an implied authority at common law. Again, Halsbury stated that when a mortgage was completed, the mortgagor was liable to pay to the mortgage? the expenses incident to the transaction. The mortgagee was previously liable to his own solicitor for these expenses. The mortgagor was now liable to pay over to the mortgagee what the latter paid to his own solicitor, but there was no debt until the transaction was completed. If tho transaction fell through, the intending mortgagee could not recover his expenses from the intending mortgagor. Judgment was given for defendant. Mr O. Beere appeared for the plaintiff, and Mr M. H. Oram for the defendant. A COMMISSION CLAIM. Reserved judgment was given by Dr McArthur in the case in which J. B. Mac Ewan and Co., dairy experts, Wellington, - claimed from T. Hudson, Levin, the gam of £5 3s. alleged to have been overpaid in error by the plaintiffs to the defendants in. respect of commission on the sale of a milking plant. The defendant received the commissions. of equal sums, one to his own name and one to the Levin Auctioneering Company. Both these commissions were in respect of the same transaction, and were calculated at 2J per cent. Defendant asserted that they represented one commission at 5 per cent. When applied to by the plaintiff for tho return of one of the sums he made no reply. In his Worship's opinion, defendant knew, or ought to have 'known, that an error had been made. Judgment was given for plaintiff. Mr D. M. Findlay appeared for plaintiff, and Mr B. J. Fitzgibbon for defendants. UNDEFENDED CASES. judgment by default was given in the following undefended cases: A. D. Kennedy and Co., Ltd. v. William J. White, .£2O 3s 6d. costs £2 Is; State Guaranteed Advances Office v. James Paterson. (Hewitt, £l3 _ 10s Id. costs 18s; C. and A. Odlin Timber and Hardware Company. Ltd. v. Edgar Hereford Claridge. £l7 7s 3d, costs £1 10s Gd; E. Bolton v. F. Flan, £1 15s 2d. costs ss; John Murray v. C. Bailey, £1 2s 3d. costs Ss; J. B. Clarkson Co., Ltd. v. Howie and Critobfield, £35 18« Bd. costs £1 3s; Dairyman and Farmers' Union Journal Co.; Ltd. v. Herbert White. £l6 3s, costs ss; Leery and Co., Ltd. v. E. J. D. Benge £sl 2a 2d. costs £1 10s: William Harold Qooday v. Harriet Satherley. £l. costs sa; R. and E. Tingey Co.. Ltd. v. Tai Heketa, £l9 18s Gd, costs £2 Os Gd. JUDGMENT SUMMONS. Lewis Mullany was ordered to pay Wnrdell Bros, and Company £3 12s lOd by February 25tb. (Before Mr W. G. Riddell, SM) BANDSMAN AND CIRCUS. A claim for £lO 2s for balance of wages was made by Charles Henry Cabot, bandsman, from Eidgway and Coles, circus proprietors, at present at Woodville. After hearing evidence, his Worship gave Judgment for the plaintiff for the amount claimed, with costs £2 16s Gd. A counter claim for the sum of £5 7s was made. Defendant alleged that Cabot once dressed up for duty but did not work, and that he left without giving notice. Therefore they claimed for damages, keep, boat fare, and a week’s wages. The counter claim waa dismissed. Mr 11. Machell appeared for plaintiff, and Mr P. H. Putnam for defendants.