MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 139, 6 March 1908, Page 5

MAGISTRATE'S COURT.

POLICE CASES. ' | (Bofore Mr. W. G. Riddell, S.M.) \ THEFT OF A BICYCLE. , . Thomas Kelly, remanded from -Monday, 1 was brought forward for sentenco for Iheft ; of a bicycle, valued at £7, the property of i P R. S. Brown, from outside tho Y.M.C.A. Rooms. It was stated by tho polico that prisoner had joined the steamer Tokomaru at Auckland for the trip ■to London, but had deserted from tho vessel at Wellington. His Worship entered a conviction and. sentence of 21 days' imprisonment with hard labour. ' UNLAWFULLY ON PREMISES. An elderly seaman ( Richard Christensen, pleaded guilty to a charge of having been found at night without lawful excuse on tho premises of Guy H. Scholofield, Burnell Avenue. . It was stated by tho police that defendant was found on tho premises at--12.30 yesterday morning. Ho was under tho influenco of drink at the time. "My advico to you," said His Worship, "is to get back to your ship at once. You will bo convicted and ordered to come up for 'sentence when called upon." j TROUBLE AT MIRAMAR. A young man named Joseph Emmerson pleaded guilty to a charge of wilfully breaking three panes of glass in a stable at Miramar, valued at 95., the. property of Robort Chase-Morris, and not guilty to a second charge of having used obscene language at Karaka Read, Miramar. : 0n tho -first charge a conviction and .fino of 20s. was imposed, and defendant was also ordered to ■make good tho damage done, and .to pay costs IDs., in default seven days' imprisonment. On the second information defendant was convicted and fined £3, in default 14 days' imprisonment.- ■ ' INSOBRIETY. Timothy Donovan. was sentenced to one month's imprisonment with'hard labour for liabitual drunkenness, His Worship warning accused that if'he was not very careful in tho future lie would be committed to tho Pakatoa.' Inebriates' Home. John Thompson was convicted 'and ,fined 10s., in default 48 hours'., imprisonment, for drunkenness, and .was -advised that if lie camo beforo tho Court again for-,too' frequent indulgence in liquor ho would run a chance o£ being -sent to the Pakatoa Home for a year. One first offender was'convicted and discharged. , ...

CIVIL BUSINESS.

:\y / (Before Dr. A. MfArthur, S.M.) UNDEFENDED CASES. Judgment) was : entered for plaintiff'by default' of defendant in- the following cases:— Commercial* Agency, and T. Crawford v Richard Allen, £9 18s. Gd., costs £3 3s. Gd.; Wellington Drivers' Industrial Union of Workers v. James Whelan, £1 35., costs 55.; samo v. Walter J. Hamilton* £1 Bs. 3d., costs ss. j saino .v. Albert .Burns, £1 9s. Gd., costs 55.; same v. George Gardner, £1 35., costs 55.;-samo-''v. James-'Gillcspie, £1 6s. 6d., 'costs ss!; John Henry Smith-v. Vmbenzo Almao, £3, costs' 10s*.; Magnus Sandersou: and Co;, Ltd.'v. Louis Herbert Wiggs, £19>145. Gd., costs £1 10s. Gd.; H. 6: Andercon and Co.'v. Frederick Meyer, £2 1/s. 6d., costs 125.; Stewart Timber, Glass, and Hardware > Co., Ltd. v. Georgo Drowning, £20, costs £1 25.; Benjamin G. H. Burn v.-Ed-' ward Bevan, costs only, 10s.; P.. Wallace Mackenzio v. Lewis l'ulsford, £6 65., costs £1 is. (3d.; Inglis Bros. v. Arthur S. Judd, £7 10s. 5(1., costs'£l 3s. Gd.; Commercial Agency, Ltd., and tho Dannevirke Co-opera-tivo Association, Ltd. y.'Andrew E. Douch, £1 3s. 3d., costs os.;' -Commorcial Agency, ■Ltd. and E. W. Mills and.Co., Ltd. v. John Wheeler, £25 14s. 10d., costs £2 lGs.; Commercial , Agency, Ltd. and Marlborough Brewery and Aerated Water Co., Ltd. v. Fred King. £11 183., costs £1 10s. Gd.; Levin and' C 0.," Ltd.' v. Sgg Lee, £10 10s., costs £1 10s. Gd. j.AVfcllington. Drivers' Industrial Union of Workers, v. Thomas Lano, £1 35., costs 55.; Rosenberg and Co. v. George Andrew, possession of chattel, or £-110s. 6d.', costs 13s. , JUDGMENT SUMMONSES. . In tho judgment summons caso Wellington Gas Company, Ltd. v. John O'Halloran, a debt of £i- !)s. 9d., debtor was ordered to pay on or beforo March 19, in default 48 hours' - imprisonments In tho case,' William Hendry v. Arthur Clement -Stewart, a debt of £9 lis. Gd., .debtor was ordered to pay on or beforo March 19, in default 14 days' imprisonment. S. Howan was ordered to pay tho sum of £14 4s. 4d., to Robert Arlow and Co., on or before March 19,- in default 14 days' imprisonment. No orders wero made in tho following cases: — Wellington Gas Company, Ltd. v. George Marshall, £1 13s. 9d;; Wallaco and Gibson v. Alexander James, £3 35.; ; Wellington Gas Company, Ltd. v. Alexander James, £3 175.-Bd. DEFENDED CASES. Skerrett and-Wylie (Mr. Blair) sued James ' Josoph M'Mahon, builder (Mr. Tanner) for £90 15s. 4d.,. money alleged to .be due in ' connection, witli a property transaction. .-Plaintiffs.Stated that defendant had a section in :Wellington, and procured a mortgage for £100 from Mr. Skerrett and -Mr. Wylie. Subsequently ho wished to build on tho section, and the firm arranged a mortgage for £500 out of trust funds on first mortgage. Tho original mortgage was discharged, and ; placed in the category of a second mortgage, making tho advanco £600 in all. By a mis--1 tako in paying the instalments as the building progressed, the sum of £700 was paid to '. defendant, and tlio claim was for tho £100 overpaid, less certain sums received since, iwith which defendant had been duly credited. Defendant stated that he was under the ; impression that ho had only been overpaid ' £40. Ho eventually sold the property for ' £775 before the mistake-was discovered. If : ho had known there was £700 owing on tho ' property ho would not have sold it for £775. • Judgment was given for plaintiffs for the ' amount claimed, and costs £6 10s. Vcitcli and Allan,'drapers (Mr. Von Haast) sued William Aubrey, ,1a nd agent (Mr. Cra- ■ croft Wilson) for £4 17s. 3d. foi" a dress alleged to hav-o been supplied. Plaintiffs "were nonsuited with 'costs £1. 15.,. no ovidenco being forthcoming to. prove, tho purchase, which was denied by defendant. Banks' Co-operative Meat Distributing Co., Ltd. (Mr. Fell) sued Samuel Howan, son. (Mr. Wilford) for ,£IBB 17s. l.Od. for goods > supplied to the linn of Howan and Howan, i and for £25 ss. 7d., ' amount of a cheque - drawn by Howan and Howan in favour of • plaintiffs. The cases were'heard together. ) Plaintiffs failed to provo that defendant was r a partner in the firm of Howan and Howan, 3 and wero nonsuited, defendant being allowed xuaouiitiflg to.'£ll 10s-