CIVIL BUSINESS.

Dominion, Volume 2, Issue 333, 21 October 1908, Page 9

CIVIL BUSINESS.

(Before Dr. A. M'Arthur, S.M.) UNDEFENDED CASES. ; Judgment for plaintiff • by default of defendant was entered in the following cases: — D. and J. Ritchie v. Frederick Wolff, £3 10s., costs 10s.; Albert E. Mann v. Owen Gough, £2 135., - costs 125.; Bates and Lees v. Elizabeth Murphy, £7 Is. 5d., costs £1 3s. 6d.; Cyril Wm. Tanner v. Alfred John Bradley, £8, costs 205.; Bonithon Freehold Petroleum Company, Ltd., v. Henry Busby,' £1 35., costs 65.; same v> Robert Hutton, costs only, £f 35.; Andrew Avison v. Harry Walter Williams, trading as Town and Country: Supply Stores v. Chas. H. Smith, £s'lss.,'costs £1 65." 6d.; 'Patrick Joseph Griffin v. \Reginald Williams and Stanley Williams, trading as Williams Bros;, £5;25. 4d., costs'£l 6s. 6d.; New' Zealand ■Express Company,- Ltd.,- v. W. E. Clark, £2 12s.,'costs 155.,; Samuel Dahks and Son. v. Wm. Tinney,'£l4 155.,'-2d.; costs £1 10s. 6d.; - Sargood, Son-, and Ewen, Ltd., v. Ernest John August, £12 6s. Bd., costs £1 10s.. 6d.; samo v. Clias. Williams,'£4l 14s. , lOd., costs £2 145.; Kohn and Kohn v. James Lamont, 195., costs . 55.; Wellington Traders' Agency,; as.'assignees of R. Hannah and Co.,' Ltd., v. George Wilkins, £7: Is. 6d.j costs'£l-ss. 6d.; same v. John Morgan, £1. 45.'4 d.) coat's.ss. ; . JUDGMENT SUMMONSES. In-, the - judgment. summons • case, H. M. King v. Ghas. Enticott, a debt of. £4 ss.', debtor. was ordered to pay: on or before November; 3, in default'seven days', imprisonment. ..'i."'.. Wm. Rhodes was ordered to pay £2 10s. to Rosenberg ■ and Co. before November 3, in default three days' imprisonment. : Thomas Adanison was ordered to pay £19 2s. 6dl t'o Jas. Cartmer: before; .November 3, in: default 14 days'- imprisonment. - h■'/. • lii the caso of Rowe and Son. v. Wm. Webb, a debt of £1 2s. 3d., no order was made. ' .- . • RESERVED JUDGMENTS, - • * V., A PROPERTY DEAL. • : Reserved judgment was delivered by Dr. M'Arthur,,• S.M., in the case Warburton and ■ Co. - (Mr. Myers) v. Thos.-. Bowden; .; (Mr.' Blair) and Hareourt and Co.\(Mr. Campbell)/ a claim for £26 ss. for commission work.performed for,defendant, Bowden in the sale, for £8501 of a house, iii Scarborough .Terrace: Evidence showed that- plaintiffs' ■; salesman called .on Bowden on July 31 and asked if he would sell'his place. ..Bowden agreed to 'sell for £900,, the property being. already in the hands of; Hareourt and Co. Eventually a card to yiew the place was given to one Waddell, who asserted that he was asked .for '£975 'for..; the/property, -then a .drop, to £925 i thence to" £880, and the. last price- asked was-£875. • Plaintiffs idenied' this; and : said £900 ..was"asked,;<a , nd ynstr.uction givten that a smaller .sum,.would be taken for.vcash, v .The person 'fori whom Waddell inquired , bought, through Harequrt-'and C 0.,, for £850. .Plain- - tiffs. claimed' commission 'On;{the ground, that the purchaser - was introduced'-' th'rough-'-their instrumentality. • There' was': some confusion as"'to, '"two'-prbiperliet!;'olosd*''tp one another with the comfct' < #& 11 question WSHfi&r-St T s97s ?c &st7*wi®fa final -reduction .'.to ■"■•£B7s,:.and-vthat the'.'purchase was'- maide, through' Hareourt' and- Co. at £850. It - appeared.'.'to his Worship' that defendant '•Bo\yden^m'eant : to' give" the- plaintiff's,: who had' approached" liim, ; a'nd,;not';h'e themi 'a chance, of earning; a commisSion ; by effecting a quick' sale if they could, but that nothing was 'said'about the plaintiffs'introducing a .purchaser apart . from , their l effecting a sale. It' came to this, that if plaintiffs .'effected a 'sale they would 1 get a. commission—if : .Hajcourt and Co:'did,' they; would get one. Bowden did not pledge himself further than-.' this. The ;result .was;;,thai/ plaintiffs,- but' tlirougti".Harcqurt;"^ who really "brought -about'-; buyer, and seller. . 'His Worship-found, as. a,'"fact,- that'plaintiffs never offered the property to "the purchaser or his agent for the sutn' of £850; Judgment' would be. for . defendants, Hvith-costs £2 25., . ; CLAIM FOR RENT. • Dr. M'Arthur, S.M., also gave his, reserved decision'in-'the case, Florence M. Loohs (Mr. J. 'J. M'Grath) v. James Nelson and Ellen Nelson, (Mr. Neilso'n),'a claim- for; £30 19's. 3d. rpnt due'by defendants to plaintiff for house'-and furniture' in Majoribanks, Street'.' His Worship gavel judgment , for 'plaintiff against defendant Ellen Nelson, with costs £4 2s.' ' DEFENDED .CASES. ; .(Before Dr. A. M'Arthur, S.M.) The-, Commercial Agency, Ltd., assignee, and 'Townsend and Paul, assignors (Mr. Von Haast), sued Mary Ann Tattlo (Mr. D. M: Findlay) ,'for £7 os. 9d. for goods sold'and delivered. Defendant ,submitted . that .the goods'had-been supplied .to a certain party after the. date of Expiry of a'guarantee'given by her. \ After, hearing evidence Vat, length his Worship reserved his .decision. ■ ' 'Joseph Nathan and Co., Ltd.. (Mr. Rothenberg), also claimed against' Mrs. -Tattle for '£19. lis. Id.': for goods sold" and delivered. Plaintiffs were nonsuited. . , ■ . ■'CLAIM FOR MONEY LENT.: ~ ' (Before Mr. W. G. Riddell, S.M.) Margaret Roto, boardinghouse keeper, sued Joseph Driscoll, steward/ for £2, alleged to have been lent by plaintiff to defendant in two separate sums of £1. Mr. Organ appeared for plaintiff, and Mr.'Wedde for defendant. Defendant admitted having borrowed the money; -but contended that- lie had paid' it back:' His Worship ' remarked that all he had to go on was an assertion by 'the'plaintiff. that the money had not been repaid,' and a contradictory statement by defendant. The "Court, could not but. enter . a non-suit' against plaintiff, with costs..COMMISSION ON A HORSE; DEAL. Michael Domuth (Mr. Organ) claimed' to recover £5-from Thomas Quinlivan (Mr. Neave), commission alleged "to. be* due on the sale of a horse. His Worship,gave-judg-ment! for plaintiff for £4, and costs £2; ■ ; CLAIM FOR WORK DONE. Charles William Martin.. (Mr. Fell) sued Norah: : Ryan for £1 7s. 6d., balance duo for work "(lone. Judgment was entered for plaintiff- for ■ the amount claimed, and costs 12s. }; ' _ :' MOUNT COOK POLICE COURT. ' At the Mount Cook Polico Court yesterday, beforo Mr. 'T. S. Lambert; J.P., Henry Groenfield pleaded guilty to a charge of drunkonness: his recont convictions rendered him an "hanitual drunkard," for which ho was sent to gaol for two months to wean him from tho drink; this being his twonty-second appeo-rance in .Court. A young man from tho country, arrested for -helpless drunkenness, pleaded.not guilty. Sergeant Rutledgo and two constables - proved tho case._ - This man had the sum of over £40 in his possession, and his Worship told tho accused that instead of disputing with, ho _ ought, to thank the police for picking him up and thereby saving his money for him. Accused was mulcted in 10s., _ being half of his bail, or 48 hour's' imprisonment. A femalo charged with insobriety, not answering to her bail, was fined 55., or tho usual alternative. A-first offender was convicted and discharged.