S.M. COURT.

Auckland Star, Volume XL, Issue 43, 19 February 1909, Page 2

S.M. COURT.

■ ,1,, B iK-•,'".' (Kettle,' 6;&L)-. .;. j • SHARE COMMISSION, • ; . CartCha'dwlck Richards '(of Tlmaru) was' sued by Thomas George- .De Renzy for £30 the.amount, being commission ou 76i-. shares, in the Ferguson Mining and Smelting Company." Plaintiff alleged-- that tne sum. which defendant >had received from the company was due to,.him.. Mr-Skelton ap., peared'for the plaintiff, and'Mr Woodward": for the defendant. Prior to March 9/ 1908; the defendant undertook the underwriting of, 35,000 _l,shares, the reserve capital:'of the Ferguson .Mining and Smelting Company, Ltd., and was., to recelve/lO per cent on the applications secured. An agreement was entered into between\;the defendant and the plaintiff; the plaintiff undertaking to dispose of the shares under the defendant's direction; at a' remuneration' (by' the defendant) of 6 per cent upon all applications which he secured. Since March 9, 1908,. the plaintiff had, acting .-under 1 the agreement, disposed inter alia of 764 shares In the capital of the company, and drew from the company direct 10 per cent commission, amounting to £76 8/. It -was claimed by the defence that' the plaintiff had so deprived the-defendant of ■ 4 per cent of the. commission; 1 the - difference between the amount the defendant BhoukT receive from the company and the amount: the plaintiff was entitled to receive from I the defendant, such difference amounting to £30 11/3. Evidence v?as. given by the plaintiff and the secretary for the company, the defendant not being present. His Worship,. after, hearing.. the . evidence and legal' argument, gave judgment for the amount claimed-with costs. . • • ' NURSE'S .CLAIM. .'[?.' Elizabeth Brothers claimed £2,11/ from James Towler, a balance due'to her for services to the defendant's' wife. Mr Sin-. ger represented the plaintiff: , The terms agreed to Were contested by the defendant,; but his Worship was satisfied that the evl-/ dence of the plaintiff-was correct.- Afterbearing the evidence the Magistrate gave judgment for the amount claimed, with costs; ... ,'i ', ".'..,.VWAGES,AND MATERIAL:' Frank J. H. Harrison (Mount Roskill), builder arid, rcontfactor, claimed .£4B -10/ fromi.A.. Southey Baker tAuckland), for. work done and material supplied. Mr. Glaister appeared for the plaintiff and Mr. Skelton' for the defendant.

The plaintiff, in his evidence, said he had called at the premises of .Balnbridge and Co.,'and had commenced tbe work, at the instructions of Balnbridge (who also gave evidence). Balnbridge did not exactly know the details of the work, and said that the' witness would have further instructions on the return of the plaintiff, Baker. The latter, the witness understood until the meeting of the creditors of:Balnbridge and Co., was a partner of Bainbridge's. ..■'-. i h ~, CONTRIBUTION: ARREARS. In the claim of the Auckland Plasterers' industrial Union of Workers (Mr. Skelton) against H. ,Smith (Auckland), plasterer; for £2,.arrears of cbntributioils, the defendant was..ordered to pay the amount claimed forthwith. In default 48 hours' imprisonment. Suspended for seven days. ■ WAGES DUE. ■ '/* ;. ; . In tlie' case of Thonias Kennerley (Sir. Baxter) v. Samuel Laird Little. In wblch the plaintiff claimed £12 0/4 for wages dne, the debtor was examined, and ordered to pay the.amount claimed., in default one month's imprisonment. Suspended for seven days. : '' f -' "/-''