MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 157, 27 March 1908, Page 4

MAGISTRATE'S COURT.

POLICE CASES,

(Before Mr. Wi G. Riddell, S.M.)

A seaman ' named James Clark ' pleaded. guilty to a charge of indecency,, and was convicted and fined £3, in default, 14 days' imprisonment. ' Thomas M'Crann, remanded from Wednesday, ivas brought forward for sentence chargo of having wilfully damaged a >'show case window, valued at 355., the'property'of ' Samuel Signll, tobacconist. Defendant'was convictcd and fined 20s.,'and costs 65.,. and ordered to pay for tho value of the'brokoa glass, 355. • ■ Four first offenders for drunkenness I 'were brought forward, two being convicted arid fined 10s., in default 24' hours' imprisonment, ono being cotivict-ed and discharged, and tho last remanded until Saturday.;- . ; CIVIL BUSINESS. , (Beforo Dr. A. M'Arthur,. S.M.) ' UNDEFENDED CASES. . Judgment for plaintiff by default •of . defendant was entered in tho following, cases: Wellington' Gas Co., Ltd., v. Edward. Grey, ' £1 12s. -9d., costs 7s. ;■ Wellington School Commissioners v. George Fulcher, £lS .10s., costs £1 18s. 6d.; Albert E. Couzens v. Wm. M. Stratford, £3 35., costs 10s. ; . Janiei Connor v. Wm. Paterson, £6, costs £1;,35, 6d.; Wm. Young and. James B. Elliott v. Wm. Hawthorn, £4 159. Gd., costs 10s.; Wra,' ■.!> Hendry v. Wm. Stephens, £1 10s./..costs 65.: A; and T. Burt, Ltd., v. Geo. Browning, £18 ; 9s. 5d., costs £1 19s. 6d.; Richardson Bros .f. v. . John James O'Brien'; £3 155., .costs lis. t Kirkcaldie and Stains, Ltd., v. J. D. Popple, ton, £4 45., costs 10s.;. Hans Pauli v. Wm. ■H. Schliericko; £3 Is. 9d.,- costs 55., JUDGMENT SUMMONSES, ' . , In the judgment summons*; casb,.' J Joseph Bourko v. Joseph Collins, a dotyj £14 25./ lid.) debtor was ordered- to pay.pQ or before April 9,. in default 14 days'. Ijti. pi'isoiiniont. In tho case, Robert Willoi.ghby • Armit v.' Wm. John ; Jamibson; 1 a. debt of £1 19s. 4d., debtor was .ordered to pay on or ,before April 9, in. default .three .days' imprisonment. No r orders', we're •"mn£lV s Eji- the •' following cases:—Wellington'Gas f/v-";' 1 v.. James Duggan, £7 Is, Od.;, Wm..lsu.e.iT Thomas O'Neill, £3 Is. (3d.. J; . : MUSIC' EXAMINATION- PAT .AS. '" Alfred Mistowskij musician, 'Mi'oiidonj through .his agent, sued Arthur \Yioks, tcaclier of musio, Wellington, for '-"l-'.l&j.", alleged to bo owing' oil a supply of • 1500 copies of examination papers, forwarded to defendant frohl Lohdori r iit 1905. /Tho. point in dispute was '.whethet 1500' or. 600 copies had been ordered. Defendant staled {hat ho neither ordered nor received 1500' copies, but admitted liabilityfor' between ."SQO, aiid 600 copies. He had. ordered 600, olid . .was prepared'.to pay for them. After consider-, able argument, His Worship '.gave-judgment' for plaintiff fori tho, amount admitted,.'£4 las. 3d., and costs 175., and- lionsuitcd.plaintiff as to tho balance ..with: costs : £l' ; 15.,t0 defendant. . Mr. Von Haast appeared, for plaintiff,-, and Mr. M'Grdth for defendant. A LODGING-HOUSE IDYLL. /" Robert Lalor, sawmill yardman (Mr.. Mero. dith),'siled Sirs. . F. M'Leod,-lodgiilg-house keeper (Mr. P. W. Jackson), for £10 for. pos-: session of. a portmanteau, containing personal effects, valued at £5, alleged to have been detained by defendant, and £5 damages for detention. Evidence showed that plaintiff had' rooms ifrom defendant, paying 1 for a stated period in advance: "When ; plaintiff left, it was alleged! that defendant i detained the .trunk, claiming one week's rent, in lieu of'libtice. For'the'defence, it was ,stated that.thero;had.been no refusarto; give 1 up the p6rtmanteaii:'''\Yhielv-.ieb'uld:havehueen obtained iy. plaintiff. at 1 any tittle.-Subse-. ' quently, the bag disappeared without ■the, knowledge of' defendant, t His-Worship- held that defendant had no • right, whatever .to do what sho had done. Judgment would be 'for plaintiff for £santTcosts, £1 "12s.' * CLAIM FOR REST.: . . 1 Mary Ann Lennio sued James Gerald Peters for £3 12s. rent, of a shop and .dwelling, and two items' of furnituro. Judgment was given for plaintiff for £l ltls.- and the ■furniture iu ; dispute. -■ - : : > (Before Mr. W, G. Riddell, S.M.) ' CLAIM FOR BOARD AND LODGING. 7 - . AN INTERESTING POINT..' Archibald Rico (Mri. Toogood)' • sued; AVik liam Victor Weaver (Sir. Levvey) - for 305.,, being board and ' lodging' for " two ; weeks, from October 3 to 17, 1907, (it 15s. per week.For the defence; evidence - was called to :the' . effect that defendant,- who is under the age of 21, was boarding .with plaintiff agaiust tho will of hia' parents, who wished-him to be at homo; On this ground _Mr.' Levvey allied that the boajrd andltitlgirtg indues- • tion was not a'ntdcssity;-and therefore'dfri fendant, being a minor, was not liable, for the: amount 'of tho claim % - After hearing legal argument-on this point, ■ His 1 Worship reserved-his decision. • a

PROFESSIONAL SERVICES. . ' Maria Cullen,, midwife, (Mr.. ;.Tooeood)i claimed £3 3s. from Frederick Lewis True- , man" (Mr. I'. W. Jackson) for professional services rendered. Judgment' Was given for, , plaintiff for.£2 10s.,.with, costs 16s.'Gd.. '. V CIGARETTES Haiis Paiili sued Geoi'ge',Henry Bayhs.(Mr. Weston) for, 55,, balance alleged to be duo on 1000 cigarettes supplied. Judgment was given .for defendant without costs. v ~' RESERVED JUDGMENT. ■■ ; ALLEGED BREACH OP LEASE. ■ Dr. A. M'Ai-thur, S.M., delivered his. reserved decision'in the caso of Hon.)) Hui> roll (Mv.Levvoy)V-. Isaac Walton (Mr. Johnston), a claim for £115, ,17s. lOd. for aa alleged broach of a leas.o of a building. Plaini tiff daimed/dartiagos ns' follow;^—Hcnt duo to October 16, 1907, £5 17s. lOd.damages aiid' v costs of repairing'and putting tho-;premises : in repair, £10; and £100, tor breach- of agree-;. rnent and genc.ral damages. His .Worship stated that tho first item in the-statement , was admitted by defendant, and required no commoiit. - in reference to tho second iteni' plaintiff called no 'evidence,' except - his own,'. as to the nature; and amount of damage alleged to have, been done,': and' tho costs entailed in repairs effected. : In tho face'of; want of corroboration' of the statement madobv defendant, as to the cause of any damage,' the Court was u'nable to allow any sum .on tin's claim. In' reference to tho third item, His Worship did iiot consider plaintiff- carried out tho terms and conditions in thomemorandum of: agreement,- which stated— "Including the eight-roomed house and dormitory and schoolhouse." The schbolhouso had not lxxm built up to tho present. Defendant complained of. tllo schoolhouse not having been built as far bnck as September, 1000, and in September, 1907, gave, notice' t<i quit ill a month; This hitter notice was accepted by plaintiff's agont.Under all'tho circumstances, the Court was of opinion that plaintiff had not carried out his part of the . contract, and that therefore defendant was' justified in breaking the lease and-giving the landlord one month's notice. Judgment would bo for plaintiff for £5 17s. lOd., but, considering tho great difference between' tho amount claimed, and .the amount of tho judgment, costs would only bo allowed as en a claim for £o 17s. ,10d. The costs fere £1 ißs.'.