MAGISTRATE'S COURT

Dominion, Volume 1, Issue 97, 17 January 1908, Page 9

MAGISTRATE'S COURT

POLICE GASES, (Before Mr, \V. G. '.Riddell;j S.M')/: The charge-sheet at the Magistrate's Court!; yesterday morning was 'tho' sraallesf 1 ward for a considerable tiriver*"Tlio olFenders comprised three men chargf(l ness. Miohael Connolly'pleadcd for a'chancd, and offered- to tako out'a'prohibitibiV Order Against himself. Tho Court imposed L 'a' fine of 205., in default seven-daysVimprisonment, a prohibition order to issue. Ono first 'offender 'was,-convictcd -And.fined 55., iii,.der' fault 24 hours' imprisonment, .and another was convicted and'discharged. Tho excuseadvanced by' oho of tho latter, a wharf,.labourer, was that ho had'-such a bad cold that ho could hardly speak, 1 and thought howoulcl tako a few whiskies to euro it. ■ " I took too many," concluded defendants '""'-V/,!.' CIVIL BUSINESS. '^- r UNDEFENDED CASES. , (Beforo Dr. A. 3i'Arthur,,S;M ( )-,. Judgmont was given for plaintiff by default. of defendant in,, tho,- following'..civil cases:—Commercial Agency, Ltd. v.-AV'illiamf John Urwin, £19 2s. ld.y costs, £2 O.v 6d.: William M'Leod and Mary Lcggiv.-Adolplr. Voght. £134 7s. Gd., costs, £8 2s;-6d; • Wellington Gas Company, Ltd. v. William J.' Braniff and William £3 Ms., costs,-' £1; Nichol, Stringer, and Roberts? L"t<l. f. Walter Moore, 125., costs - only;-. H. Oscar Hewitt and Co., Ltd. v. John Qninn, £4, costs, lis.; Commercial,Agoncy, Ltd. and J. R. Rundcrson v. Charlop'J. Wickham, £1 Is., costs, os.; samo v. Lawrenco J. Costigan, £1 Is., costs, 55.; Andrew Avison and Harry Walter Willans v. T. Molison"-Smith, £5 14s. . 55.. costs, Bs.; Wellington Drivers'- Industrial Union of Workers v. George"*?.- 1 Greeks, '10s: Cd., costs, os.; Prouse Bros; v. Wellington ■ Woodwaro Co.\ Ltd., £57 17s. Bd., costs, £3' 195.; Frederick Roberts v. Mrs. E. Munrow," ' £2, costs, 55.; Singer Manufacturing.Co. v. : . Isabella Sago, £12 '2s. 6d., costs, fil.lOs. 6d '• Thompson Bros., Ltd. v. Frank Cootes, £1(1 ISs Bd. costs £1 10s. Gd.; Yerex,"Barker, and l< inlay, Ltd. v. Patrick Dirnond, £9;' costs, £1 3s. Gd.; John-' Varcoo v. William* , Thompson Todd, £15 IDs. 7d„ rasfcs los Cadbury Bros., Ltd. v.; Mrs,-Mary'-Anno , Hogg, £62 costs, £3; Is.; Cfinijrtbrcial i Agency Ltd. and E. W: Mills and. Co*, v. Langlands and Co., £6 Is. 10d„ costs, £1 3 S , jd.; Commercial Agency, Ltd. and 'j. R.' Randersou, and samo and W. J. Pollock V James A. Hasto, £1 Is.,"costs, £1 lOs ' • In _ tho judgment summons case,' Marv 1 liannin v. Peter Brown', a debt' of'£ls 16s jd., no.order was made. ~..,. . . , v> ! DEFENDED, ;OASES. \ (Beforo Mr. W. G. Rirideil. S.M.) t CONCERNING A TYPEWRITER. •'• ,' r Tho alleged unsatisfactory-, working- 0 f a typewriter -was tho basis cf a .claim for 'i 3s. Bd. mado by Searle, Joy, and Co -radipp. as the New Zealand Typewriting i.

ar plies Co , against Norman L. Gurr, com 1 mission"agent. Tho typewriter was sold bj , plaintiffs to defendant, and was • alleged tc havo wdrked so-unsatisfactorily, that dofendr, .v' ant wat nOt prepared >to pay tho full .amount) i. r-.-s : i-./ v for it until tuo machinovwas put right. . The typewriter wasrepaired several.! times, on v » .-v, ■~ > : \. olio ;otcasion '.being..sent r -back to. plaintiffs' 6bop, but-was still, unsatisfactory- Plain- .. . 1.-- : • tiffs , claimed that tho maohine, -which had : . boon- tested beforO it left their shop, .was in .■ ■; ■perfect order , when l't was sent .to ■ Gurr's r. ofheo. After a considerablo amount of - ovi-. -i . , dencoi had been -callcfl-,. tho ; caso was ad- j journedi'sino die to'allow| Mr.v Jacksou ( .: foi ,*'.x--.i.-i-j tho defence,- to call; expert- evidence. ~ :Mr' v;Vj .VonjHaast appeared for'plaintiffs. > ■; i (BefAro .Dri. A. ;M'Arthur, SM) • S SEQUEL TO A GROCERY PARTNERSHIP' -Joseph Nathan and Co.j'Ltd.i sued Waltei Henry i- .Hewson, storekoeper, and Wilhair .;: ' j Martin.Shore,- electrician, for £55.15. 4d. foi. groceries, cto, supplied to a general store ] (at Petoiio v j „ Johin C < Port, accountant for Joseph ] Nathan and Co.; Ltd., stated-that defendants';. .rq came to lnnr in-1006 -and explained their; . ;vni financial, position,■ with tho ! rosult that the :>i ■■ •:& ■ firm supplied thorn with certain goods. ,Wit- : /.M ,nossiwas first,told.that Shoro'had gone out ' v riv .of ! thaibusmess about three weeks ago,'tho Summons • was. issued. Plaintiffs lhold . ;.: ShOro ■ -and ■ • Howson . jointly liable for - tho i v ■■■■; ■■ a ■amount,- as they; had received', no. notice m ; .writing of ■ tho . partnership having - been, i■■■■: v.: 'seared. Shore was a sleeping partner in tha-L business ' y-AVilliam Martin Shoro stated that ho: wa#'; ... , jn.;activo partnership with W. H. Hewson, . trading- as Shoro aud Hewson, \1: Petono., Tho firm started business in April,'. " 1906) and, iVent .to Nathan and Co. to cot • "Credit , Witness remained in partnership with HowsOn until July, 1906,-ffhen-the'part- : ■ • n nership was dissolve<l 'because the partners >, . i . did not agree. ■ ■ Witness was ; never in -the - ' shopiafteri the-partnership was dissolved, and « knew-nothing:'of any,-, transactions since he /left tho'.business,' Tho goods were delivered, lr b,ut witness contended-that thoy had been ..delivered after he was out of tho v bußineas, 1 .: : arid prcviqusito! Howsoii.-filing' his scheuula, 'Ho r)eycr notified 'Nathan-and -Co., or adver- ■.■■■■■< >.- .tised' the fact that tho:partnership had bocr . dissolved. ! .. K was given- for plaintiffs -for th<^^: amount ...claimed, * and-, costs £5 18b1 * Mr< : •; Kothenberg. appealed for,plaintiffs , ' •His Worship impressed on defendant 1 Shore - tho^difficulty-he. hfid got into tlirough •. . failing to.notify tho dissolution of the partner \v <. <; ship.: ■ ■ ■ . CLAIM FOR. WAGES IN LIEU OF : NOTICE. John Nankivoll Dunn, mine manager, .sued ■ ' i the Wellington Mines, Ltd., for the sum of . - :MA-wages, ■ m liou ( of notice. Plaintiff, waa. . sent jfrom Wellington by. defendants to man- v;:v ago a inino' at Black. Point, near Reefton, . . but was .recalled bccause of. alleged miscon- » i! Plaintiff admitted having had a fow- • j drinks- with friends :in -Reefton, but con- "'•• -1 ...tended that this happened' before he took • ; . i 'ch^'r^O'-bf'thormino.; .-After, going fully mt( j ■tho caso, His Worship reserved his decision. v , : .