CIVIL BUSINESS.

Dominion, Volume 1, Issue 137, 4 March 1908, Page 8

CIVIL BUSINESS.

(Before Dr. A. M'Arthur, S.M.)

UNDEFENDED CASES. ! Judgment was entered for plaintiff by default of defendant in the following cases:— , Dresden Piano Company-v. Jane Whiteman, £10 18s. 2d., costs £2 os. 6d.; Wellington Traders' Agency Co', v. George Browning, £3 ss. Id., costs 10s.; same v. George. Braund and Charles George Tunbridge, £9 165., costs £1 3s. Gd.; H. Oscar Hewett v. Paul -Peterson, £4 155., costs 145.; 'Dominion Mercantile Agency v. Thomas Marshall, £3 lfis. Gd., costs 135.; same v Thomas Mitchell, £3 65., costs 10s.; Schlaadt and Co. v. William Leslie Carrick, £6 7s. lid., costs £1 3s. 6d.; Francis ; Henry Dillon Bell, Ernest T. D. Bell, Michael Myers, and Alex. Kenneth S. - Mackenzie y. Joseph Andrews, £5 12s. 6d., costs £1 3s. 6d.; United Asbestos Australasian Agency, Ltd., V, Hy. Geo, Stewart, £10 45., costs £1 10s. 6d. ; James' Ersldno Patrick v. John. H'oean. £2 155., costs 10s. JUDGMENT SUMMONSES. In the judgment summons case, A. Sydney Watson v.. Ernest O'Neill, a debt of £6 9s. Gd., debtor was ordered to pay on or before March 17, in default seven days' imprisonmcnt. In the case of tho Anglo New Zealand Cycle Co. v. Alex. A. Douglass, a debt of £6 16s. Gd., debtor, was ordered to .pay on or bofore March 17, in default seven days' imprisonment. CLAIMS FOR RENT. William Evenson (Mr. J. M'Grath) sued Percy P. Bigwood (Jlr. Jackson) for £7 17s. 6d., seven weeks' rent of a furnished house at Karaka Bay. Dofendant admitted-liability for three weeks' rent, which had been paid, reducing tho claim to £4 10s. Defendant urged that he entered into a verbal agreement to take tho house for three months, after which' 110 was to becomo a monthly tenant. In the event of the f owner requiring the house, the tenant was to receive one month's notice, and one month's rent, to vacate. After hearing evidence at length, His Worship gave judgment, for plaintiff for £4 10s., and costs, £1 15s: ' Emily Maxwell (Mr. Webb) sued .Florence Murray (Mr. Neave) for £12, being .four weeks' rent alleged to be due on rooms in Lambton Quay, sub-let by plaintiff to de- | fendant. Tho question was whether the rent had been paid weokly, or. .monthly, there being no written . agree|'mont between ' the .parties. . ' The rent book; showing, payments . ,',to the first day of""each of twelve succeeding months was produced, and upon examining the book His Worship held that the rcceints were a fair discharge of defendant's liability, and that plaintiff could not proceed further in view of the' receipts. Plaint-itr argued that the receipts had been given in mistake, leaving'one month's rent' still due. No evidence was called, His Worship giving judp:'"- int for defendant with costs, £2 ss. 1 Justine Rizzi sued James Clark and ; Es.„ner Clark for £18 Is., for rent of certain premisos. Defendants counter-claimed for £3{ Us. 6d.,, also for rent. After considerable argument His Worship gave judgment for plaintiff for £18 Is., and for defendants for £18 Is. on the counter-claim. No costs wero allowed. Plaintiff was granted leayo to appeal. Mr. Kelly appeared for plaintiff and Mr. Buddie for defendants. ' '

SEQUEL TO A TRAP ACCIDENT. John Anderson Walters, cab proprietor, sued James J. Ahlers, hotelkeeper, Jqhnsonville, for £2, damages , to a cab; and £1special damages. • . . Plaintiff stated that on Sunday, November 24, lie was driving a party to the Lower Hutt in a cab, and when ho got 011 to the bridge at Ivaiwarra he saw a gig driven by dofendant coming towards him at a iapid rate. • Plaintiff pulled up/at the side of tho roadj but, defendant's horse was evideutly out of' control, and was driven badly. As the gig came abreast .of the cab tho horse swerved, and tho gig ran into the.sido of the cab. Defendant and his wife were thrown out, Mrs. Ahlers being severely ' injured. There was plenty of room for 'the 'two vehicles to pass each other. It ( was alleged for the defence thu-j u »- fendant had done his best to avoid the accident by pulling uj) and that plaintiff had been guilty of contributory negligence. Judgment was given for plaintiff for the £3 claimed, with costs £2 18s. Mr. Weston appeared for plaintiff, and Mr. Neave for defendant. CLAIM FOR WAGES. Robert James Holland, driver (Mr. Kirkcaldio) claimed £12, balance of wages alleged to be due. from Reginald John"\\elsbv cab proprietor (Mr. Weston). No receipts,of any description' were produced. Judgmeat was given for defendant, with costs £1 19s. •