THE COURTS.

Press, Volume LX, Issue 18015, 6 March 1924, Page 5

THE COURTS.

SUPREME COURT. CITIL SITTINGS ißcicre his Honour Mr Justice ALLEGED fraudulent * I!EPRLbKNTA'riO-> ; gHI The caso was concluded :n wnl K h k b) . Edward Richardson, parage t-rec-koura, claimed datna:cs irom = aa Blackwcil, company '£ adulc ,rt cuarch, :n respect >• • t ' DC cxmisrepresentat'.on conuc<tc<l -,vas •°" ciumse cS motor-ex's, I.:© and £3-? D 12s Cd, the amount c> 3UO=-, - ; n costs given against •■^ba-krr a,i: action for the recovery o. * ■ t£i cnr\ interest thereon a: ti e \ .V t,ho Us Sd, y:u.:r.tiff's previous aciion, ±22 i.awia . 7 the costs of the pre?eu: a£ l£ ®; ' aWa .Tti. other relief the Court sough- V l -,. y, ft. Mr W. .'..Hunter G'.bsor,. KaiKoura:, i.poca_.d - . and Mr M. -3. Greyer., with wm -- "W. White, ior defendant.. , , j,.. When th-. case was re*umea vestc.aa.' coun.'ri addressed the jury. ,-rrce.d In summing up, h>.3 Honour said _ w.th counsel in esprer-sms j „ the plaintiff, but thev themselves to so swayed U onints for the jury to consider were simpt He would put the following ciueSiK' => the jurv in writing -(U Did the defendant, on or l October, 102:, falselv and tra.udulc.,tl:. present: (1) that the -Studeoakcr C ' R • ho exchanged was the property ot Sales, Ltd.? T t j CD That the Bmck Sales Company, had the right to disposo of tho -tude a His Honour quoted the legal au , t^ n on fraud, and said that tiio jury " a _t bo certain that fraud had been p beforo they could find for the ' Tim jury had to . decide the state ot fendant's mind at tho time ihe 60 ~ ' car. Plaintiff eaid defendant sold h fraudulentlv and defendant said he so •11 good faith. It to difficult to seo wia Blackwell's motive could be in dealing wi ■ tho car at all if ho received Cunningham s telephoue communication. H '■ vas jested by either side, his Honour 6aia. that Mr Cunningham had invented '' s statement, but it was submitted by - 0 defence that be had imagined the convolution, having 1 been confuted by wha had passed in correspondence. It seemed to liirn, said his Honour, that tho jury should sift the evidence carefully ' 3e ' o r® convicting tho defendant of fraud. i seemed to him that Healev's evidence did not corroborate Cunningham's statement, but threw doubt on plaintiff's case. If V lO jury worn honestly in doubt as to which story was true, they must still find for defendant, as plaintiff's allegation of fraud had to be nroved. After a retirement of half an honr, the mrv returned with an affirmative answer to both questions. Mr Gresson asked his Honour to reserve leave to move for .i non-suit and judgment and for a new trial. Judgment was entered for tl,e full amount claimed with coals, £lO 10s second day allowance, disbursements, and witnesses' expenses to be fixed by tho Registrar. Leave was reserved to defendant, to m<w« for a non-suit and judgment, nncl to give notice to move fov a new trial. CLAIM AND COUNTER-CLAIM.

"William C. Sanders, motor 'bus proprietor, proceeded against Alexander C. RUconer, indentor, for recovery of £59 5s 4d special damages, £65 general damages, and costs of the action. The claim arose out of a collision between plaintiff's and defendant's cars, at the corner of Papanui road and Norman's road, on October 7th. Defendant counter-claimed for the sum of £165. The grounds of the defence and counter-claim were: —(1) That defendant did not keep a proper look out; (2) that plaintifi cut the corner; (3 that plaintiff turned to the wrong side and cut the corner. A jury of four waa empanelled. Mr W. J. Sim appeared for plaintiff and Mr 0. T. J. Alpers for tlio defendant. In. opsning for plaintiff, counsel said that the accident took place at the corner of Papanni road and Norman's road, near St. Andrew's College. Plaintiff was an experienced driver and had lived for two years in St. Andrew'© square, nt the rear of th<s college. He therefore knew the locality well and was fully conversant with, its dangers and difficulties to a motorist. Plaintiff was driving very slowly. He had his sister ajad his small eon in the car at tie time. Plaintiff heard a motor horn on the PapaTTui road, and he thought that the car was proceeding at a. high rate of speed. Ho slowed up and through a. gap in the trees he could see no sign o£ tho caa- on Papanui road. As soon as the nose of. plaintiff's caj: appeared around tho corner ho saw defendant's caa- approaching at a high rate of speed. Plaintiff, with great presence of mind, counsel submitted, tried to accelerate but iris engine staliea. He turned hie caatowards the side-channel and "trickled" towards tho kerb with the slight momentum it had on. Plaintiff had his brakes hard on at the time of the impact, but his car was forced back 5J yards. Plaintiff would say that Falconer threw both hands off the wheel when the impact was imminent. It was submitted that the accident was due entirely to defendant losing his head and losing control of his car. It was admitted that plaintiff had cut tho corner, but he had been held up- owing to his engine failing, and he submitted that it was the duty of the defendant to have lmd his car under such control as to be able to avoid plain- ! tiff's car.

The plaintiff gave evidence on the linea of counsel's opening. Ho said he had been driving for 14 or 15 years, iind had been a taxi-driver for twelve years of that time. Ho had had so much experience of Papfl-mii road, and especially of Kotman's road, that it was liis practice to run on the crown of the road and to alow down almost to z stop at tho corner of Norman's road. There had been two fatal accidents at the Norman's road corner. It was a "nightmare" coming out of any of the side streets on to Papanui road. Just prior to the accident plaintiff was proceeding along Norman's road towards Papanui road. He heard a very shrill motor horn on Papanui road and threw out his clutch. To him it seemed from the sound of the horn, before he sa>w the car, that the approaching car waa proceeding at a high rate ot' speed. Through a gap in the trees ho could seo that the Papanui road waa clear. He "coasted" towards the corner at a very alow rate. He had seen half a dozen narrow crapes from accident at tho corner, and he had always had a dread of ail accident there.

To Mr Alpers: Defendant had 2SJ yards in which to pull up before the impact. Mr Alpers: You know now that the man sitting next to Falconer was Mr Boyd, who teaches driving for Adams, Ltd. Don't you think that if the circumstances had been as you say, Mr Boyd would have turned the car away from you in that 26i yards?— That is just what I think happened, sir. Witnees denied that hia engine wae still running after the accident. Re-examined, plaintiff said that Boyd told him that if ho (Boyd) had been driving 6 i. WO have been no accident. Mabel Ethel Saunders, sister of plaintiff, corroborated plaintiff's evidence. Tha further hearing of the case was adjourned until 10.15 a, m . to-aav, tho jury in tho meantime to view the snot where tha accuaent occurred.

MAGISTERIAL. WEDNESDAY. (Before Mr Wyvern Wilson, S.Mj DRUNKENNESS. Two statutory first offenders wer» ea<ih convicted and fined 03, in default 24 hours' imprisonment-. ON LICENSED PREMISES. Albert Edward Osborne did no! appear on a charge of refusing- to leave tie licensed premises of the Wellington Hotel requested by the licensee and a eonsta-ble to do so. He was convicted and fined 20s and costs. MILK NOT FRESH. Richard Risdon (Mr W. F. pleaded guiity to having sold milk that was not ireeh. The Magistrate said the matter was a serious one, and he convicted and fined defendant £lO and costs. Robert Hanlon (Mr A. J. Malley) pleaded not guilty to a similar charge. iie was convicted and fined £5 and costs. BICYCLE THEFT. Lcshe J, Becks, 20 years of ap°. pleaded not guilty to having stolen a man's bicycle valued at £5. Wiiiiam Henry McLaughlin, railway employee, eaid ho took his bicycle to work on February 19th, and at 3 a.m. it was missin;. He identified parts of ■a. bicycle exhibited as his o\ra. The accused had nothing to say, and the Magistrate said ho thought he had etolea tha cycle. Becka pleaded guilty to having converted a horse and gig, vahJod at £SO, to hi* own use, without colour ol right. The Magistrate remanded the accused to appear on Friday for the Probation Officer to report, ALLEGED ASSAULT. Robert Arthur Couch pleaded net y. a charge of assaulting a woman On the aoclioatiem 0* th« pohoa, tie oase was adioorofld until Mirth 12th.