MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 341, 30 October 1908, Page 10

MAGISTRATE'S COURT.

CIVIL BUSINESS. '

(Before Dr. A. M'Arthur, 8.M.)

UNDEFENDED CASES.

Judgment for plaintiff by default of defendant was entered in the following civil cases: —Charles David Lightband v. William H. Barry, £33 7s. 9d, costs £2 165.; John Wallace Easson and Percy George Easson v. J. C. Allan £6 55., costs £1 ss. 6d.; Thompson Bros., Ltd., v. Thomas Henry Watson, £I.Bs. 10d., costs 65.; Dresden Piano Co., v. William Charinings,- £8 lis., costs £1 lis. 6d.; J. W. Easson and Co., v. William Braniff, £51 12s. 3d., costs £3 18s. 6d.; Levin Meat and Cold Storage Co., Ltd., v. John Furniss, £2 os. 7d., costs 10s.; John Rigg and Co., v. Mrs. Mary Euphemia Smith, £10 Is. 2d., oosts £1 10s. 6d.; Zillah M. Adams v. William Grant, £15, costs £1 10s. 6d.; George Doughty ana Co., v. Ernest A. M'Leav, £4 175., costs £2 25.; John-Fuller Woodward v. Ernest Ryan, £12 3s. 6d., costs £2 4s; 6d.; Thomas -M'Cord v,. Ernest Ryan, £5 10s. 7d., costs £1 3s. 6d.; P. Hayman and Co;, v. Joseph .M'Knight and Mrs. E. M'Knight,-£SO lis. lid., costs £3 18s.; F. Lamberg v. J. A. Lawson, £1 55., costs 65.; .Commercial Agency and J. A. Fletcher v. Piopa Turei,' £21 Bs. 7d., costs £4 6s. 6d.; Commercial Agency and Briscoe and Co., Ltd., v. Charles G. Heard,' £23 19s. Bd., costs £2 145.; William Bannatytie and Co., v. Wong Gun alias Wong Ching Gun. £13 os. .Pd.,-costs £1 10s. 6d.; Office Appliance Co. v. Alfred W. Harrison, 14s.' 7a., costs ss. ' - • -

In the judgment summons case, E. M. Phillips y. Michael de Muth, a debt of £23 15s. 6d., .debtor was ordered'to pay oil_ or before November 12, in'default 14 days' imprisonment. t _ • No'order was made in the case Bacons Aerated -Water Co., Ltd., v. George Parker, a debt of £10 4s. 3d. RESERVED JUDGMENT. APPROPRIATION OP PAYMENTS. Dr..,-A. M'Arthur, .S.M., gave his reserved decision in the case of the Commercial Agency Ltd., assignee, and Townsend and Paul, Ltd. (Mr. von. Haast), v. Mary Ann Tattle (Mr. D. M. Findlay). Plaintiff claimed £12 3s. 4d., price of goods sold and delivered, les3 credit £5 2s. 7d., leaving a -.balance ' of £7 0s 9d. In the alternative plaintiff claimed £7 os. 9d., price of goods.sold and delivered to William Rountree, of Petone, upon the solo credit-of defendant. Two. further alternative claims were made by plaintiff. Defendant pleaded .that all payments made by Rountreo or his estate should go to pay off the first debits, : the amount' for which she was surety. His Worship stated-that in. the present! case ho thought the payment should be appropriated to the earlier items of the account which was treated as one account. After quoting authorities at great length, his Worship said defendant was liable for £12 3s. 4d., less Bs. 6d, equal to £11 14s. 10d., and as £11 and a dividend of 16s. 3d was paid, he considered she was not liablo for any amount. Judgment would be for defendant with costs £115s.

DEFENDED CASES. PLUMBING AND DRAINAGE. (Before Dr. A: M'Arthur, S.M.) Harry Wilson Davies, plumber and gasfitter (Mr. Gray), sued Wm. George Emeny, builder (Mr. Blair), for £IC6 Bs. lid. Iho statement of claim set out that for ■ £39C plaintiff agreed to do certain plumbing and drainage work, and to supply certain material in a building. Defendant had contracted to erect for Messrs. Irvine and Stevenson. Evidence showed that the sum of £46 Bs. lid. was satisfactorily arranged, leaving £120 in dispute. The question at issue was whether a tender given by plaintiff included gas fitting, as well as the plumbing and drainage. After hearing evidence in support of plaintiff's case, the case was adjourned until Monday afternoon. CONFECTIONERY. (Beforo Mr. W. G. Riddell, S.M.) Smallbone, Grace and Co., Ltd. (Mr. Von Haast), claimed £6 19s. 10d.- from Henry W. Trotman (Mr. Meredith) for confectionery sold and delivered. Defendant counterclaimed for £5 19s. lOd. damages "caused by the deterioration of the goods in question. Evidence showed that plaintiffs sold certain fancy confectionery to defendant early ill the year as Christmas goods. Defendant stored the goods, and did not open them until recently, when he commenced to make his preparations for Christmas. .He then found that the goods had deteriorated, and were unfit for sale. Other goods stored in the same place were in good order. His Worship held that the goods having been sold as Christmas goods, tliero was an implied guarantee on plaintiffs' part that they would keep in good order until Christmas. This they have not done, although all reasonable care had been taken. Judgment would be for plaintiffs for £2 on the claim and for defendant for £4 19s. lOd. on the counter-claim. , MINOR CASES. Thomas 51'Grath (Mr. J. J. M'Grath) sued Alic Johnston (Mr. Neave) for £4 4s, alleged to be due for stud fees. At the conclusion of plaintiff's case an adjournment was made until November 10. Leon Cohen, chemist, claimed lCs. 6d. from Frank Yore for goods supplied. Judgment was given for the amount claimed and costs 6s : Gray and Jackson, solicitors (Mr. Von Haast), sued John J. O'Brien, asphalter, for £16 3s. 7d., amount due under a promissory note given by defendant. His' Worship gave'judgment for plaintiffs for the amount claimed and costs £1 16s. Gd.