THE COURTS.

Press, Volume LV, Issue 16515, 6 May 1919, Page 4

THE COURTS.

SUPREME COUKT, CrJLUXAL SITTINGS, The criminal sittings of the Supreme Court Chjistchnrch, commence next Monday ot 11 Mb, ijfl . Honour Mr Justioe Herd a an. Following is tha calendar:— PHISOSEB FOB SENTENCE. HLk<? Pu2.no Bakena, forgery and uttering. prisoners FOR trial. George Baden Powell Burgosa, alleged Thomas Hunter, alleged theft. Alma Quintall. illegal tioit. •William. Hoft, alleged theft. BIGHTS TTvFRGSGED. AK IMFO3TAJ.T JUDGMENT. His Honour Mr Justico Herdman delivered judgment in the Supreme Court yesterday morning, m tio ca«a of the Thomae A. Edison Company. Ltd., of Australasia (Mr Alpers) v. G. H. St-ockdalc, second-hand dealer of Cashcl street (Mr Eowe). The claim was for an injunction restraining the defendant from infringing the plaintiff company's patent rights by soiling Edison phonograph records *t & prit-o below that fixed bv * the plaintiffs. Delivering judgment, his _ Honour said that it w;is clear that his decision must do determined mainly in tho light of certain principles of law started in the judgment of tho Privy Council in tfco caso of the tional Phonograph Company of Australasia, Ltd. v. Menck. It was there ]iid down as sound law that "the general doctrine of absolute freedom of disposal of chattels of an ordinary kind is, in the case of patented chattels, subject to t-lio restriction that tho person purchasing, and in tho knowledge of tho conditions attached by tho patentee, which knowledge is clearly brought home to himself at th<* timo of ealo,. shall b? bound by that knowledge and accept tho situation of ownership, subject to Uie limita-iions." Tho notices* on tho bezes wcro clumsily worded, bnt. defendant had had. tho conditions of sale further brought under his notice by a letter s?nt by plaintiffs local agents whon it became known that he was selling undor value. His Honour ruled that th© sale by defendant constituted an infrias-r au-.r. of :ti« patent rights, and defendant, having refused to discontinue selling tho iccoicti at tho nndcr-rate price, an ..injunction to restrain liim from so selling was granted. Costs wero allowed as for a.n action of £500.

MAGrISTEBIALMONDAY. (Before 3Tr S. E. S.AI.) DRUNKENNESS. Two first offenders were each fined ss, in default 21 iiouro' imprisonment. Another first offender, who was found drunk on the Christchurch railway platform, w:l3 fined. £3 and oosto. Christina. Mills was fined 20a, in default ■18 hours' imprisonment. Harry Frith pleaded guilty to charges of being drunk and behaving' in a disorderly manner. He waa convicted and discharged for drunkenness, and fined £2 for behaving in a. disorderly manner. Martin Condor pleaded guilty to dmnkeirness and trespassing on hi 3 wife's premises during the currency of a, separation order. It was etatcd that Concur, who had made a disturbance at his wife's house and damaged furniture, had been warned by the police to go away, but refused to do go, A eentenco of ono month's imprisonment was imposed. Maurice Brown (Mr J. A. Cassidy), who appeared on Jem and charged vritli drunkenness, having assaulted a girl, and ■using indecent language, pleaded guilty to all charges. Ho was convictcd and ordered to come up for sentence when called •upon, and n. prohibition order waa issued against him. The Magistrate advised the accused to recompense the girl assaulted to the ©stent of £5, and also to pay tlio medical expenses. REMANDED. Joseph Mcllroy, charged with, vagrancy in that he was found by night without lawful excuso on the premises of 81 Manchester street, was remanded for a week. Richard John Seddon Baker, aged 17. and Gordon Stanley Hutchinson, aged 21, charged with, wilful dam ago to a cash register, the property of tho Christchurch Dairy Company, were remanded for . a week, bail in each case being allowed at £30, and one surety of £30. THEFT. John Lionel Baker, a quarter-caale Maori boy 16J yearn of age, appeared ou remand on charges of stealing a. bicycle at Christcluirch on April 26th, valued at £3, tho property o{ eomo person unknown; with, stealing on April 33rd a motor-cycle, valued at £-25, the property of Leonard Barrett Young; with doing wilful damage to the motor-cycle to the extent of £5; with stealing on or about April 30th, at - Lyttelton, a coat and sundry papers the property of Albert Buckley. He pleaded guilty to all charges. As he was a. "Wereroa boy out on probation, an order was made for hie return, to tho training fann. CIVIL CASES. Judgment by default was given for plaintiff in each of tho following cae^a:—Mrs Dempsey v. Clifford Childey, £2; Bishop and Co. v. A. A. Muir, £i ss; Fidgeon and Co. v. Stanley Jones, £3'2 12s 8d; A. E. W. Stevens v. David Ennis, £'; A. 13. Marriott and Co. v. E. H. Uickelts, £3 7s 6d; International Harvester Company of New Zea<land, Ltd., v. Mark E. Williams, £4 4s 6d. In the caao Elizabeth Tinnelly v. Robert Aherne, claim for possession of a tenement and 12a rent, plaintiff was nonsuited. In re "Win. Rainbow (Mr Cuningham) v. Wm. Wheelband (Mr Beswick). claim £33 17a 6d, being' £28 for money lent, and the balance for interest over a period of four years, judgment was given for defendant with costs. '' Joseph Holmes (Mr L. "W. Gee) Bu*>d Harry McCaw, Joseph Lyness, and Reginald Crawley, trustees of the Christchurch City Council Sick Benefit Society (Mr Plesher) for £10 17s, sick pay from November 9th to December 17th, When plaintiff was ill with influenza. Mc Flesher contended that tho Court had no jurisdiction, as tho Society wa3 not registered; and secondly, plaintiff had not made his application within the timo stipulated, by the rides of tho Society. Tho Magistrate held that plaintiff had not given the necessary noticc as required by the rules of the Society, and on that ground he would he nonsuited with costs.