CIVIL BUSINESS.

Dominion, Volume 1, Issue 240, 3 July 1908, Page 4

CIVIL BUSINESS.

(Before Mr. W. G. Riddell, S.M.) UNDEFENDED CASES. Judgment was entered for plaintiff by do* fault of defendant in the following cases:— Woljington Traders' Agency v. Wm. W. O'Brien, £5 12s. Gd., costs £1 10s. -Gd.; Herbert Barraclough v. John Gillett-, £3 125., costs £1 65.; Commercial Agency, Ltd., and Blundell Bros., Ltd., v. Thomas Horley Brown, £3 ss. 4d.', costs 10s.; James Dillon v. Lilian Bell, £11 2s. 5d., costs £1 13s. 6d.; Dresden Piano Co. v. Edward Hayes, £11 35., costs £1 6s. 6d.; W. M. Bannatyno and Co., Ltd., v. William Bros., £28 lis.' 2d.; costs £2 145.; H. C. Gibbons and Co. v. P. Herston Frankland, £3 3s. 6d., costs 10s.; Yerex, Barker and Finlay, Ltd., v. James A. Hill, £7 Bs. 2d., costs £1 3s. 6d.; Wellington Hospital Contributors v. Hirry Ernest Dovey, £1 95., costs 75.; W. M.- Baunatyne and Co., Ltd., '• v. William Bros., £I§-75., costs £1 10s. (id.; P. Hayman and Co. v. Martin'and Jones, 18s., costs 55.; D.1.0. v. 'James Murphy, £2 lis.' 8(3., costs 10s.; saino v. Charles T. Gray, £2 2s. 6d., costs ,175.; Laer.v and Co., Ltd., v. Alfred W. Harrison, £25 15s. 5d., costs £2 Ids!; Etlwavd C. Evans v. James Perkins, £1 35., costs Bs.; Commercial Agency, Ltd., and tbe\ Wellington Gas Co. v. Mary Miller, £1 25.'9 d., costs ss. j R. Hannah and Co. v. John James O'Brien, • 18s. 6d., costs 65.; L. M. Hermann-v. Georgo M'Kay, £4 45., costs 55.; H. Baldwin and Co.. v. Edward P. Brogan, £3 4s. 2d., costs 10s.; Wellington I Publishing Co., Ltd., v. Mrs. Charles Maltby, £2 Bs. 2i1., costs 75.; same v. Charles Maltby, £8 Is. 4d., costs iOs.; Minister for Railways v. A. W. Harrison, £3 10s., costs 55.; Commercial Agency, Ltd., v. James M. Crouchor, £18 19s. o'l.i costs £1 10s. Gd.; Francis Loudon v. William G. H. Baillie,-£1 155., costs 125.; f. H. Coltman v. P. Kearney, £3 155,, costs 55.; W. J. Jupp v. S. A. Nuttall Sullivan, £6, costs £1 3s. Gd.; Commercial Agency, Ltd., v. Ruth Mundey, £1 10s., costs 55.; Charles W. Neilson v. Alfred Larkin, £32, costs £2 14s. : ;/ . JUDGMENT,. SUMMONSES. (Arthur Mocllcr v. Wm. Cahill, a debt of £3. Defendant was ordered to . pay > the amount; by-.-' monthly.- instalments of £1 10s.; Matthew Henry :, Biggs'y: -Reginald, a debt of-, £10,'- 6d'., debtor was, ordered to pay on-'or -before July 16, in default fourteen days' imprisonmeiit. ■

CLAIM: FOR GOODS SUPPLIED. ■William Spring,. frencli decorator, Mitchelltown (Mr., ffindmarsh):suc{l R. Martin, Ltd., oil and colour merchants (Mr. Johnston) for •■£23, for 'goods sullied. Tho > defendants countcrclaimed; for , ; ii2S:.los. Sd.- for goods supplied arid-services rendered. After hearing evidence his.Worship gave judgment for plaintiff ,oa ''tlio original claim, for £16, with casts £2 14s.' In regard to the,counter-claim defendant was, nonsuited,no costs being . allowed. . ' ' . MOTOR-CAR AND BICYCLE. ,V Judgment was delivered by 'Mr. W. G. Riddell,. S.M., on behalf of Dr. A. M'Arthur, S.M., in the case, Martin Wale (Mr. Cook) v. Herbert Faulko (Mr. Gray), a claim for £2 10s. damages to plaintiff's bicycle by alleged negligent and unskilful driving and managing of a motor-car. Both parties were going uj) Willis Street, tho bicyclo being ahead ol tho. motor-car. His Worship considered that as dofendant undertook to pass plaintiff, who was on his right side of tho road, he (defendant) should havo -exorcised the greatest care in so doing. Tho Court could not say< the ■ evidence disclosed negligence on the part of plaintiff in coming out on to tho road from behind a cart. Ho was still well on his proper side when the car struck him. ; " Admitted that, defendant tooted his horn," continued His Worship, " that was not sufficient to cause those in front of him to clear out and make room for him to pass. Dofendant had not control of tho road simply by reason of sounding his horn." 1 In tho. opinion of the Court, defendant was in fault in attempting to pass tho bicyclo where ho did, and in assuming that tho cyclist would not como out from following tho cart. As to tho amount sued for, it scomcd to His Worship to bo reasonable.. Judgment would be for plaintiff for the amount claimed, and costs £1 18s. 43d. ; GROCERIES SUPPLIED. Thomas O'Neill and his wife (Dr. Knight) were joined as defendants in a case brought by Andrew Avison and Hy. •W. Williams, trading as, Town and Country Supply Stores (Mr. Ayson) for tho recovery of £23 2s.' 7d., balanco alleged to bo duo for groceries supplied. Judgment had been given against Thomas O'Neill previously, but tho wife, being alleged to be a party to tho contract, judgment was sought against her.. His Worship gave judgment for plaintiffs for tho amount claimed against tho separate estate of defendant with costs £4 7s.

A BUILDER'S CLAIM. Bertram Oswald Bartlett, builder (Mr. Luckie), sued Walter King, Corporation employee (Dr. Knight), for £103 ss. lid., balanco alleged to bo duo under a contract .for tho erection of a houso and for extras supplied. Tho statement of claim set out thatplaintiff entored into a contract with defendant for tho erection of a houso in Holloway Road, tho sum stated being . £340. Plaintiff completed tho erection, but defendant only paid ' £305, leaving a balanco of £35, exclusive of extras and extra work, which mado up tho balanco of the claim. After a partial hearing, tho case was adjourned at 5.15 until July. 9. , '