THE COURTS.

Press, Volume LVIII, Issue 17428, 12 April 1922, Page 4

THE COURTS.

SUPREME COURT. '"■ ;IN CHAMBERS.. ' In tao absence of his Honour Mr-Justice Adaana, the Begitiar (Mr A. "H. Holm««), - sittings in Chambers yesterday. JUDGMENT. DELIVERED. . The Begisirar read his Honour's judgmeat !a th* case of K. Ariow and Co., «xpbrters, of Wellington (Mr a. B. Sierwright,' and latwr Mr C. S. Thomas) against H. C. Lane" and Co., tanners and leather merchants, of Woolston (Mr 0. T. J. Alpers, with him Mr R.- A. Cuthbeit). The claim arose over•'* contract to deliver certain "B" grade saddlers' basils, • plaintiffs claiming that the basils delivered had not been u;> to sample, and that in one parcel they wer© short deiive:red, and defendants; entsred a counterclaim alleging loss through plaintiffa* declining to .go on with the' contract'. In thd course of his judgment, his Honour said that at the hearing he hsd held 'that the defendants were entitled to judgment en. claims for £lO5 5a 4d, £l3 for alleged loss of profits, and £2OO general damages. The total claim was for ps. pr.d ih-i balascs was therefore £lcZ. Defendc-iita had counterciaimed for £2lO. After re-icv%ia.g- the evidence, his Honour said that in hi' opinion plaintiffs had-totally failed to e-stebiish their claim. Eesrarding .the countar-claim. he coneidesred that the evidence was not sufficient, and accordingly <java judgment ngaitrst the defendants. On the claim, hj» raid, judgment wotild be for with costs pecordinw to scale- en tf» srjm of £433 5s 4d, aid cllowance for two extra nays at £ls 15s per day. -Second counsel would•. b-> re.-tified for at .the rate of £& 6s per dpv. Oth"r c"sis, fcmountin-r to ,i 7 7a.' wo<;ld bo erantcd. .disnuieements and witnesses' expenses tr> V--e fixed, br the. -Rnsristar. Ji:dfrr.e-,'.t vo\M be for. plaintiffs on th> ccu-;cr-c?ai'i\ c*s*s as T>ar scale, on a clsim f^i-~£ ,l i. j'isbursom«:ats,; etc.. to be fixed bv the Eegisirar. PROBATES GRANTED. Probate has besn granted in the following estates of deceased persons:—Ellen Taylor, Ellen Alice Lindsay, Andrew Cray, Richard John May, Thomas Chamberlain Field, John "William ' Birch. Gale, Alison Durey, Maria Johnson, Louisa Wyatt, Jonathan Henry Steffcns',' Alexander Doig. Colin McKenzie, John Barrett, "WiKiam- McKay, Mary Elizabeth Larkin. ' loiters of administration havo been- granted in the estates of William Leo Conway, dooeased,. and Margaret Milne, deceased. .

MAGISTERIAL TUESDAY. (Before Mr H. i. Widdewscn, S.M.) DRUNKENNESS. ' A. statutory first oScnder was fined 10s, in default 24 hours' imprisonment. • ' DISMISSED. Percival Clarence Matthews (Mr C. S. Tboraas),- appeared on remand on a charge of vagrancy. ' -"".•- Sub-Inspector J. K. Simpson stated the nun was not quite right, mentally, but he had money of his own. - Mr Thomas said accused was endeavouring to go .North. . . The case was dismissed. ■ THEFT OF CHAFF. Horace Robert Loose and George Herbert Harris, each aged 17 years, were jointly charged with having, at M-srivale, stolen two bags oi ohaff, valued at Bs, tho property of Cciok and McKenna. . Accused pleaded Sub-Inspector Simpson said tho mon to* been carting wood. They were hard "up, and they had stolen the chaff for their horse. On the first charge they were each fined 40i», in default fourteen days' imprisonment. On the eecond they were donv:cted and ordered to coma up-for-sentence when called upon.Seven days was allowed in which to pay the I *' MAINTENANCE, •' .Charles Henry Church,. for disobeying a maintenance'order, waa fined 40e. ■ Maxtiu-John Mullaly, on-a eirai'.&r - charge, W ;».s provisionally ■ sentenced ..to; one rnonta b ..imprisonment. „„■-'■ „~ ■ JJaniel 'Haughey, who was £l3 in arrears on a maintenance.order, was convicted ana provisionally sentenced to . one , month s im.-. Pl the .disobedience of a maintenance order, was provisipiially sentenced to one month's imprisonment I- George • Goodman was : charged with being, £1!5:.7s in arrears in the -payment of main|it*nahoevto:his. children; The case woe'ad-. i'Wmed- for a mtathi-to,,allow defendant ;to itwke an effort, to pay off some of .the money.. ;■ The' case in which Gertrude ■ Lenora MclEenna (Mr J. 1 B. Ouningham) proceededagainst William Carbury McKehna (Mr C. •8 Thomas), for separation, maintenance, &na -guardianship orders, was adjourned to April 26th,vowing to the non-appearance :of . oom.plainant., - ; . \ 'v 'Charles. Roland -Smith was-adjudged-.the futher of an illegitimate child, ',aiid-._ was. ordered-to pay. maintenance rttte of 12s 6d per week. : KAIAPOI. (Before"Mr Wyrerh Wilson, S.M.) • John McMillan, on- a' charge- of driving «> at an excessive epe<?i through the borough, waa fined 103 and coats. , Peter MoNab, charged with being found on licensed premises during the currency of a prohibition ordor, was fined 20s, coste 7s. | ' Judgment was given for plaintiff by default ! in. each =of the following, cases:—F. iisher y. J. Kelly, claim 30s; :F. Fisher ,v. ,M.. .Fowler, claim £l2O Oa E-J; F, Fisher v. &.. M. Brain, claim ■ £ll' 6s 9-1; ,-C. Robson v.. A. Franklin, claim £3 7s 6d. ; : M. J. O'Neill v. B. Tullsv claim -£lO fori -iiervices of a bull, defendant ccunter-olaimed. £13,4s for grazing. Judgment w«s.given for 'plaintiff ' for £5 and -.costs £1 18a. The. <:ounter-c!aim was dismissed. > ■ . iT. G. Fieider, Inepeotor of Awards,-claim-; (•d from R. H. Fenton £lO penalty for breach: ' <if the License-i Hotjlkeepers Award in pay*, i.ng less than the award rate of wages to iui° employee. After, hearing the evidence the; Magistrate awarded plaintiff 204 and costs :iSs 9d. : W. Stark 6tied F. Pearce for £2', anSing out of a bet as-- tci tho dressed: weight of a, Ibody of beef. . After -liearing evidence, the Magistrate give, judgment for defendant with | IUOStS. . '•' ■ ' «» : ■."V IN OTHER PLAGES. -; APPEAL'COTXR-T. .-'•.-■ ■ : (PEISS ~........-■.'■- -WELLINGTON,- April 11. ■: The Court of Appeal delivered ..judgment this morning in the case of vV. H. Itose vj F. F. and-J. B. Rosa,- an aippeal. f rem a judgment of Sir Justice Herdmaa at' Chi-ist-church, whereby respondents, *P'. F. and ■)• 8.. Rose, .under the piovißions of the Family '.Protection Act, were awarded sums of £IOOO and £SOO respectively out of the estate of their father under his will. Jtost of his eaiate was valued for the purpose of assess* merit of estate duties at £4677 16s' 7d. The judgrnent of the Cour.t was delivered % Mr Justice Sim. In the course- of his judg--ment his Honour said that the Court of Apr t>eal was free to deal with the wholo matter. In the view of the Court of Appeal, the Judge in the Supreme Court had . awarded i too much to the respondents. The Court of Appeal, therefore, reduced the amount awarded to F. F. Rose, to £SOO, and to J. B. Hose to £250. Each party . was ordered to pay his owiu costs.