CIVIL BUSINESS.

Dominion, Volume 2, Issue 317, 2 October 1908, Page 4

CIVIL BUSINESS.

(Before Dr. A. M'Artliu'r, S.M.) UNDEFENDED CASES. ■Judgment for plaintiff.by default of defendant was entered,in the following cases:— Vciteh and Allan v. Chas. Curry, £4 IGs. 10d., casts 125.; C. \Y. Wycherloy and Sons v. Arthur.-W.. Jones, £9 .14s. 7d.,-.costs. £1 Bs. Cd.; Young and Tripe v. Allan Cameron £'2 10s. Gd.,. costs 65.; John Duthie and Co. Ltd., v. John .Mobinson £14,10s.,'costs 17a.' John Edward Butler,' Ltd.-, v. Francis James Potherick £45 14s. yd., costs £1 35.; Johnston and Co.,' Ltd., v. Angus .M'Donald £2 costs.'-125.; Public Trustee v. Harry Smith £7 2s. 4d., costs £1 3s. Gd.; Lorin .Meat ami Cold Storage Co., Ltd., v. Mrs. Kate Thomas £1 17s. 6d., costs 10s.; Commercial Agency Ltd., v. Gcorfie Graham £2 6s. 9d., costs 18s.; same v. John Brimmaeombd £4 4s. fid. costs :10s.; same v. George Kord jCI Bs. Sd!' Bs.; Bacon's' Aerated Water Co.,' Ltd!' v. George Parker £8 12s. 9d., costs £I,3s' 6d.j Wellington Timber' Co., Ltd.; V. Albert

Tlios. Almond £18 14s. 3d., costs £1 lis. 6d.; Herbert John Jillett v. Natiohio Tauche £96 12s. 10d., costs £5 125.; JR. and E; Tingey and Co., Ltd., v. Edward Starkey £1 lGs. 6d., costs ss. JUDGMENT SUMMONSES.. .... In the judgment summons case Cederholm and Tolley v. Chas. Johnson, a debt of £41 2s. Cd.,' debtor was ordered to pay on or before October ,15, in default one month's imprisonment. Harold Ivey was ordered to pay £32.95. to Chas. Henry Osmond before October 15, in default one mouth's imprisonment. Edward. John Searl was ordered to pay £13 to Leo De Laval on or before October 15, in default seven days' imprisonment. In the ease Frederick Cooper v. Wml Henry Napier, a debt of £2 Os. 10d., debtor was ordered' to pay on or before October 15, in default three days' imprisonment. Herbert Septimus Lc Plastrier was ordered to pay 12s. to John firoune on or before October 15, in default threo days' imprisonment.

No order was made in the case Laery and Company v. Chas. Roberts, a debt of £24 16s. lOd. RESERVED JUDGMENT. CONCERNING A LAND TRANSACTION. Dr. M'Arthur, S.M., delivered his reserved decision in the easo William Aubrey and AY. G. Somerville_ v. Henry A. Hurrell. Tho statement of claim set out that plaintiff, Aubrey, was a land and commission agent. Defendant employed Aubrey to dispose of certain land at Alicetown, together with five houses,.for the sum of £4250, the plaintiff's remuneration to be at the rate of 2} per cent. By the agency of plaintiff n contract' was entered into by which tho defendant agreed to sell the property to ono Ernest Edwards, for £1900 in cash, and. the equity of redemption in certain lands in the Nelson district, Talued at £2404.. Plaintiff therefore claimed judgment for £106 10s., being commission on £4250, at 2J per cent. Tho action was brought originally by Aubrey himself, but counsol for the defence applied' for a non-suit, on tho ground that Aubrey had assigned bis interest in the commission to Somerville. Somerville was then joined as an additional plaintiff, and tho non-suit point was dropped. After reviewing the facts and the'law at length, his Worship said that, in his opinion, Aubrey was entitled to a commission, but not for the amount claimed. The weight of ovidenco was decidedly in favour of the fact that tho amount of commission agreed upon was £50. Judgment was therefore entered for tho plaintiffs for £50, with costs £7 16s. Mr. Dunn appeared for plaintiffs ■ and Mr. Blair for defendant.

DEFENDED CASES. (Before Mr. W. G. Riddell, S.M.) The Wellington Physical Training School and Gymnasium, Registered (Mr. Butler), sought to recover the mm of £15 9s. from James Phillips for rent. Judgment was given for plaintiffs for the amount claimed, less 10s. expenses allowed to defendant. The plaintifts -were also allowed costs £2 6s. Levien, Shallcrass and Co. Ltd. (Mr. Men. teath)'sued Henare Otonore .(Mr.- Ayson) for £11 7s. 9d. for horso feed sold and delivered. His Worship held that • the. defendant's letters to the plaintiffs established his liability/ Judgment was therefore siren for the plaintiffs for the amount claimed, with, costs £3. Orlando. William Oldham, trading as the "Excelsior" Laundry, sued Theo Collard for £2 7s. 10d., j for washing done. The. defendant alleged that the'articles sent to the laundry had been so damaged as to be unfit for further'use, and counter-claimed for £2 18s. ljd., their value. His Worship assessed tlio damage at £1 ss. He gave judgment, for plaintiff "for £2 7s. lOd. on the claim, and for defendant on the counter-claim for £1 ss. Tlio plaintiff was allowed 6s. costs. -

• Mr. Brandon, junr., Appeared for plaintiff, and Mr. P. \V. Jackson for defendant. . r (3ofore <• ! Henry i( .J.• .*l3aker'... church (Mr. Becre), for' £50 commission, alleged to be duo on tho exchange of a certain property stated to liavo been arranged by plaintiff. After hearing evidence and legal argument at length, his Worship reserved his'decision uutir October 8. I Josoph Jameson sued Alfred Ebenezer Schultr, grocer, for £20 cost of painting premises owned by plaintiff and leased- to dofendant. , It. was stated that %>;'■- memorandum of lease set out that the premises had to be painted during the lease, and that this had not been done by defendant.. Plaintiff paid for the work himself, wherefore he claimed £20. Aftei hearing the evidence his Worship gavo judgment for plaintiff for £10 and costs £3 Ss. Mr. Peacock appeared for plaintiff and Mr. Dix for defendant..