THE COURTS.

Press, Volume LVII, Issue 17103, 26 March 1921, Page 4

THE COURTS.

MAGISTERIAL

THURSDAY. (B«orc Mr S. E. McCarthy, S.IL) DRUNKENNESS.

William Henry Summerton was convicted and discharged "on a charge of drunkenness, and Sr.ed £2, in default 14 dsys' imprisonment, for procuring liqnor during the currency of a nrohibition order. REMANDED.

A charge of breaking and the house of Louis Reginald Crosbie at St. Albans, and stealing therefrom the enm of £4, was preferred "against Joseph John McClintock. A remand until April Ist was granted. / Leonard Cecil McKinnon appeared to answer a charge of wrongfully converting to hi 3 own vse the sum of £2 Is 2d, that sum having been received from W. Heather, Ashburton, in terms requiring tho accused to account for it to A. E. Scott. Chief-Detec-tive Mcllveney stated that another similar charge was pending against accused, who was accordingly remanded until April Ist. CIVIL BUSINESS.

Plaintiff wa3 given judgment by default in each of the following cases:—Booth, Macdonald and Co., Ltd., v D. Horr, £9 ss; Waimairi Coimtv Council v Wni. R. Palmer, £5 5s Ed • Alice "Maud Sutherland v 'Win. Conlan, £3 in 10d; Beath and Co. v Maisie Johnston (nee Morgan). £7 Is 3d; Trist and Small v Eoy Berrv, £6 17s 2d. DAMAGES FOR ASSAULT.

Alleging assault on herselfand injury to hor business by defendant, Kmily Lock (Mr R. V. White), secondhand dealer, of Barbadoes street sued Samuel Boyce (Mr L. W. Gee) for £75 damages. Judgment was given for plaintiff for £lO and coats. JUDGMENT'RESERVED.

-For damage and loss alleged to have been incurred by him through negligence on tho part of defendant in filling an order for fruit trees William Annan (Mr A. T. Donnelly), fruitgrower, of Clyde, claimed £25 5s from Edward Ivory, senr. (Mr V. S. Wilding), nurseryman, Rangiora. ~,-'. The* plaintiff's case was that in 1916 no bou«ht"from defendant twenty-three seedlingapricots of the Tilton variety. He planted them and had to wait three seasons for the trees to fruit. Pontiff then found that only four or five of the trees were Tiltons, and the rest were a. mixture. The case was brought, not so much for the damages, but in-support of a principle that vendors offruit trees should be responsible for any mistakes such as plaintiff alleged had been niado by defendant. For the defence it was contended that plaintiff had'receipted an invoice for twentythree Tilton seedlings, and had made no demur at the time. Tiltons had been ordered and had been supplied. Them were five or six varieties of the Tilton apricot, and as very-little was known about it in New Zealand it was hard to distinguish the variety. The trees supplied to the p'sintiff had been imported from reputable rai«crs of the variety. Th 9. defence held that plaintiff was unable to judge whether or not the trees were luThe Magistrate reserved his decision.