THE COURTS.

Press, Volume LV, Issue 16701, 9 December 1919, Page 9

THE COURTS.

MAGISTERIAL

' &e;'or« ilr S. E. ilcCaithy, S.M.) DRUSKEXSESS. T*o statv.orr first offenders *e z« each ; 10*. in default <8 hour*' imprisonment. Sami.fl Xorrifl Oibb, an elderly man. ! 'nroucht ui> on romand on .1 charge of ■ J.-arj-p been found helpleaaiy drunk on r* oTom'r*!r Cist, was further remanded till : Thursday, Sub-Inspector Mull*n«y »t»*i»g i 'hst !.e *a* making arrangements to hive the man sent to a borne. I cnn, business. I TiKlcmoat by defauit for the amount i t'airr.oi. with conU, wa3 <r,7e:! :n the caao j G<flirh ■ir.d Son John Baldwin. £i fig fid. : Tbo Cnurt !<•• maJcn an order in i action. 7. D. Ko»tc-.*r. (Mr C. S. ' Thom<u>) t. J. B- Prfoc-: (Mr F. W. Johr,i slnn.. claim £L 3 17s Ed on a judjnront sum- ■ ir.ons. I lp «he juastiKTrt. summons cat*-, National I and Asr~ry Co. of Xc* Zealand, i L'd. iMr r. S. AViMir.'.'* r. C. Moran, a deol I rf £121 1" 2d. the rrisinal jndrment win i and judgment dc-btor fas ordered to I !•■• • f- rr.r-tMy. j William Frcdorirk C.arder (Mr .7. If. IVii- , bam*) cc'i!.-> recover u <ic'r>t of j in 1 in Irr.ni Wi'Ji.irn Orav. Tly» Court ic- ) f-r-e I to mako un < rdcr, a« 1 here was m> | proof of r3*ar-» to pay. j ALLEGED MISREPRESENTATION-. Tho Rink Taxi*. Ltd. Ulr 0. T .1. Alpc-ra) tlaiim-d irorn Gcyr-o A. Oakley (ILr li. K. McDougailj, tasi driver, Christchurch, the mm of £2, of which i.'i rcp:eocnted loss of fare and £1 ilaaiajca by alleged miireprcecntatior or tho pait of defendant. Mr Alpcre said ih»t on tbo night of Ame 2Gth there wan a, ball at the Art G&llory. and a party h*d engaged a motor from the Rink Tajiis to ta.W thom there, it being arranged that tho Wii-cab should roiurn about 2 a.in. t.-> take the party home. Defendant, howcr«r, (wcured tho return fan) by representing himself us coming from thv Rink Taxis. Evidence vrae given in eupforl cf this. Mr McDoueail said that the action wae a jericw* ono ior his client. Aa oiisrepresentv lion was .alleged ti> have bocn made, end as tho fare had been paid, the Rink Taxis was not tho riifht party to brine the notion defendant—it ehorcld have been brought b>" Twjfuid. the mw wbo ensraged tlic taxi-cab. The defendant, in eTjdonce, denied that he bad said ho was from tho Rink Taxis, or that he wati actiii; on bohalf of the Kink Taxis. Tho dancs party had approached him first. The Macistr&to eaid he believrd that defendant had represented himself «s acting for tho Rink Taxin, but the Court npheld Mr MoDougaJl's contention thai legally the Kink Tiixii waa not the right p»rty to bring tho action. Mr Alpers: yon allow me to argue on that point? Bin 'Worship: T don't think there » any necessity. Tlw lan- ia <piito clear on tho point.

Mr Alpcrs: I cou'd arjuo it in another Court.

Counsel for the plaintiffs then asked leave to appeal, bnt this was refused, RESERVED JUDGMENT. Mr McCarthy's rcr-orvod judgment vu deli'wed in the case P. G. WalU>r (Mr T. S. Docro), commission asent, v. Addington Iron Roller Mills, Ltd. {Mr F. S. Wilding), claim £92 10s fid for commission alleged to bo due consequent on tfce calo of hardware goods by the plaintiff for tho defendant company. The evidence diacloscd (hat the defendant company had contracted with the plcintifl to p»7 him 6 per cent, selling commission on all orders obtained by plaintiff, and actually delivered. Tho defendant company held that the orders from the firms in which plaintiff basrd his claims for commission were orders which would com© to tho firm in th# ordinary way over tho telephone, or m a result of direct contact with noiw officer of the oompany. Thero wm without doubt, howover. one particular order obtained by plaintiff within tho moaning of the contract. Judgment would bo recorded for plaintiff for 18s in rospcct. to this contract, in addtion to IGa paid into Court. Judgment would be recorded for the defendant oompaay in respect of tho balanco of the claim, £31 12s 6d, together with coste on that tcale. JUVENILE COURT. A boy, 13 years of age, was charged with not being under proper parental control. Sub-Inspector Mullancy rtatod that tho boy had a good homo, but ho would not Temain at home, and had been sleeping out at nights. Tho boy was convicted, and ordered to como up for sentence when calico upon, and ordered to report to the Probation Officer wcokly for twelve months. KAIAPOI. (Before Mesnrs W. Uouhleday and A. Pcarce, J.P.'a) Andrew McCabc, who pleaded guilty to a chargc of theft of a bicycle tho property of R. G. Watson, waa convicted and ordered to come up for sentenco it called upon within the nest aix months. IN OTHER PLACES.

NEK PLYMOUTH SESSIONS

(rntSi! ASSOCIATION* TELEGRAM.) NTTW PLYMOUTH, Dcc«anb«r 8. The Supreme Court opescd to-day before the Chief Justice, who congratulated the diatxict on the lightness of tie calendar. A Native wmnnas, named Uiry MeClean was found guilty of bigamy. Norill© Jamta Croiier was actrnitied on charges of breaking' and entering dwellings with intent to oommit a crime. Accused pleaded guilty to committing a common assault on a young girl whilo in a dwelling. Jack Johnston pleaded guilty to charges of breaking and entering. Sentences in all cast* wero deferred till tomorrow morning. Ague* Mo Cartney was granted a decree nisi against Angus McCartney, on tho grounds of desertion. INDISCREET JURORS. (rRBSS ASSOCIATION TELEGRAM.") GISBORNE, December 8. At the Supremo Court, when the Native case claiming £5000 damages against Europeans in connexion with the drainajys of land •was called, Mr Jnstioo Chapman said bo hw communicated with tbo Chief Justice rcgwdj ing Native jurors conversing with interested paxtieA, He cait do if flection w uw Maori jurors, who had been indiscreet in listening to harangues. He would have to discharge the jury, and, if nccswary, order a new trial. The question of title would have to bo referred to in Chambers.