Magistrate's Court.

Taranaki Daily News, Volume XLVI, Issue 188, 13 August 1904, Page 2

Magistrate's Court.

■S .DAY, AUGUST 12, I'JO-t. ire Mr T. Hutchison, S.M.) , 0 CIVIL BUSINIOSS. .. iidgmtnt ivns given lor plaintiffs in the following cases of Taxes v. A. L. I uke. Claim £2 I"is und costs os. U. Weston v. Mrs A. S. Jacobs, Wellington.—Claim JSI los and costs l- S. Weston (Weston and Weston) for plaintiff. Mr E. Clow v. T. Symes.—Judgment for costs 18s. Mr Grey (Wilso n and Grey) for plaintiff. •lames West v. T. Symcs.—Claim £3 and costs 18s. Mr Grey for plaintiff. | ckey „nd o tliers (Wesleyan (trustees) v. Mrs Bols'la-d.—Claim C'J l-'s (kl and costs 21s. Mr Quilliam (Oovett and Quilliam) for plaintiffs. Same v. A. M. Edmunds.—Claim £l2 10s and costs £1 12s (id. Mr Quilliam lor plaintiffs. Same v. J. C. Davit's.—Claim •£, OS and costs £1 3s (kl. Mr Quilliam for plain-tails. Dickson and Co v. W. Smith.— Claim £1 17s (id and costs ;">s. Mr A. 11. Standish I Standish an-d Kerr) lor plaintiff.

A JUDGMENT SUMMONS. *l. 11, Quilliam v. J. Kingsley.— p-11 (is Id, amount of a p.n. and costs. Mr Wright foil the judgment creditor. The debtor siaid lie had no money to pay the «kiljt, and gave an outline of his business transactions. The case was adjourned to next Moud'ny in order to enable him to make out a statement of his expenses whilst travelling on-his own busuiM*. C. 10. Hood v. A. H. Martin.— Claim for amount of purchase money ol prize poultry. An order was made for payment, the order to . be suspended so long as os- per week is paid to lui'ui'datc' t/he debt. W. Morey wwl Son v. O'Driscoll.— Claim £2 7s (kl for jacket sold to a barm-aitl in tilie employment of defendant. Mr Wright appeared far plaintiffs and Mr T. S. Weston for the defendant..

The plaintiffs' case' was that the jacket htud -been debited to Mrs O'Driscoll, and the bill was sent to her with 'tho jacket at the time. The defence was a denial that the iacket had -been sold under Mrs o'DriscoU's order. .lames Morey gave evidence thftt it was the practice of the firm in dealing with tifo defendant to supply the goods t 0 Mrs O'Driscoll and charge them to Iter husband, who had paid lor such goods. A young lady had come to his shop, bought u jacket, and told the saleswoman to charge it to Mrs o'>Driscoll. The plaintiff called as evidence Mrs Clarke, the saleswoman, who gave evidence -that a younjg llady had come into tile shop, and selected a jacket. She had sent the jacket by a iiu'Ksuiger to Mrs O'Driscoll, with n note stating that Mr Morey would •lot deliver the goods unless Mrs O'Driscoll would have it charged to her account. The messenger was instructed similarly. The messenger came .back without the jacket. Some lime afterwards witness met Mrs O'Driscoll, who told her that the girl who got the jacket h-ad left her employ, but she (Mrs O'Driscoll) held thirty wfyillinigs towards it. To Mr Weston,; Mrs O'Driscoll did not dispute the item, but asked witness to charge, tlie jacket, some .'Jerviettes and other household drapery to her husband, leaving other personal her own account. William Hoskin, in tho employ of the plaintiffs, said he had taken tthis jacket to the Hotel Commonwealth. Mrs O'Driscoll opened the door, read the note, and said, "All light ; take the parcel into the bar." dailies Morey's examination was continued. lie said that Mrs O'Driscoll haid been in the liuibit of ordering goods, and the accounts were u-nt to her husband. T,.« account had been sent to him id the ordinary way. Regular accounts hud been -lent ill. for this. item. The first protest from Mr O'Driscoll was three weeks ago last Wednesday. This was the plaintiff's case. Mr Weston called Mrs O'Driscoll, wife of the defendant, who said tiiat in September last there was in her employ u barmaid named Lee. She remembered Morey at d Soil's messenger to the hotel. 'I he-boy had by that time given the p-urcel to -the girl. Witness had no time to read the''liote at the •time, but the boy explained its contents. She told him to tell Airs Clarke that the girl was a barmaid, a decent -girl, gelling 25s a week. Subsequently she told Mrs Clarke that the girl had left them, owing them thlirty shillings for her fare. Witness told Mr Morey, senr., that she would not pay this account o! t'l 7s fid, and' paid the other items in the bills. Mr Morey said he would nut Mr O'Divscoli for the amount. The barmaid left without notice, and at night,, two days after the transaction. Counsel addressed the court on the law points involved. Judgment Was reserved.