MAGISTRATE'S COURT.

Wairarapa Age, Volume XXVIII, Issue 7965, 16 February 1906, Page 6

MAGISTRATE'S COURT.

MASTERTON-THURSDAY. (Before Mr W. P. James, S.M.) Drunkenness.— A first offender was lined ss, in default 24 hours' imprisonment, for having been drunk. Debt Cases.—Judgment was given for plaiutilf, with costs, in each of tbo following debt cases:—George Henry Rowell v. Christian Schow, claim £4 4s lOd, costs lis; J. D. Cruiokshauk and Co., Ltd., v. Allied Henry Cook, claim £1 14s 6d, costs ss; Henrietta Letitia Meredith v. Thomas O'Donnell, claim £l, costs ss; Halletisteiu Bros. v. Richard J. Hodgins, claim £6 13s 6d, costs Bs, Judgment Summonses. Madoliuo Whittaker v. Siduoy R. Cross, claim £4 14s 4d. No appearance of defendant. Ordered to pay forthwith, in default sovea days' imprisonment.. Order suspended lor one month. William Frank &haw v. Patrick Savage, claim £4 10s. No appearance of defendant. Orderod to pay forthwith, in default tse\*ou daya' imprisonment. Order suspended for one mouth. Sub debtor Examined—Mr D. K. Logau, instructed by Messrs Lovieh Sualleross, of Wellington, mode aprjlication to examine Mr C. A. Pownall as a sub-debtor in a claim against George Henry Goodaii ior | £27 7s 7d. The application was granted. Charles A. Pownall stated that ho received tho sum of £350 ou banalt of Goodall. Wituosj explained how tho money had all been disbursed by December 7th last. Mr Logan stated that all he wanted was tho bill of costs to be put into Court, and this Mr Pownall consented to do. Claim Arising from a Purchase.— Donald Fraser represented by Mr H. C. Robinson, claimed irom William Barnett, represented by Dr Trimble, the sum of £95. Fraser purchased the Riversdale estate from Barnett in August of last year, and among the agreements of the sale was one that the vendur (defendant) sbouid hand over all stores of every description to the purchaser ((.lainLift.) Defendant had, however, sold a laige quantity of stores before handing over the station to the purchaser, and the latter now claimed damages for breach of agreement. After hearing evidence, his Worship reserved judgment. Claim for Damages.—A claim for £64 13s 4d damages for breach of agreement was entered by the Kaituna Co-operative Dairy Company, Ltd., against Edgar L. Holmwood, farmer, of Masterton. Mr K. K. Jackson appeared for the plaintiff, a.nd Mr D, K. Logan for the defendant, The plaintiff oompauy was incorporated in 1903, and the direotiug of it was in the hands of seven shareholders, of which defendant was one The defendant was guilty of a breach of agreement inasmuch as he was one of the shareholders who had bound tbemaelves to supply milk to the factory. He had failed to do so during the season of 1904-1905, and the company had thus lost aboiflt £4B 13s 4d by his actiou. Defendant held four shares at £5 eaoh, and the balance unpaid at the time of the breach of agreement was £l2, but since the issue of the summons for the present case that sum had been paid. Mr Jackson held that tne loss of profit was one ele meut of damage to the company, and the company had a right to such an amount of damages as would have been their profit if defendant had completed his contract. The defendant stated that after supplyiug the factory for the first year he sold his farm, and his successor would not continue the milking. He made the Direotors . of the Factory an offer of £2O to cover his liability to the factory, but it was refused. He could not understand the method of assessing the loss he had caused the factory. Judgment was reserved.