MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 416, 27 January 1909, Page 4

MAGISTRATE'S COURT.

POLICE CASES. . (Before Mr. W. G, Riddell, S.M.) ANOTHER OF THE WORKLESS, . A ..strong-looking ! inan named William, Charles Watson, alias Wilson, alias Filewood; appeared in answer to a charge df 'being an idle and :disorderly person within tlio meaning of the Polico Offences Act, 1908, in that ho has insufficient lawful means bf support. Ac-cused-pleaded not guilty. . Detective Cassells 1 . stated - that he had known accused for tho past five years, and knew that "lie had been knocking about tho country'for, the past four moriths cloing no work. - Witriess arrested accused in Willis [Street on-Monday nightiMvhen accused said ho had been and' asked for a chance ;to get out.'of tho. city,-;He had a past ref cord as a house-breaker. . Accused said that he had "been out" for : the ;last three and a half months, , and had been; up tho 'country doing a little harvesting. He came to Wellington two weeks -ago, but times; wero.bad, and he had only been able-to get odd jobs on tho wharf. If given ■the opportunity he would get out of. the. town and secrire eiriployment. '. - Chief Detective M'Grath informed the Court that accused had been fifteeii times previously convicted for. theft, ; . once for housebreaking,' and orie'e. for burglary. . He had served terms, of imprisonment from, five years., to fourteen days. : His Worship reinarked that accused waß Jplaitily- giiilty of tho charge. ' He would bo. 'convicted; and sentenced fo.two m'oriths' imprisonment. --' , V.., '; ■• ' ■ INSOBRIETY.. Mary Parker, -alias Bond, oii'arged'.'jvitli^in-. sobriety, was remanded , for a week fotmedi-". 'cal-'treatment'.' One first/offender' jras; epn-,' yioted .'.arid'fined 55., in, default 24 hours': im-; prisbhmerit. 1 . ';

CIVIL BUSINESS.

(Before Dr, A. M'Arthur, S.M.) ; . UNDEFENDED OASES. . Judgment 'for "plaintiff by default of de-;' fondant was entered in the following civil casks :-f-William: Liiigard: and' Co.: v.', George l Rcid, : £11 :10s., costs . 15s.'; •Wellihgt'oh. Traders' Agency as assignee's of Kempthbrlie,' Prosser.'s NoW Zealand Drug Co., ;Ltd.,.''v. Charles. William Peach, £13 13s. ■ 9d.,; costs; £jllos. 6d;; H-.-Price and Go.,' Ltd.- ,: v. Thos. William A:- Stringer,'£l 16s.', costs 55.; 'same', .v., JosepK, Ahdrews'l9s. 5d., costs-os.;. Alex-" 'ander Lawson ,v. Charles Brown-Parker, £2 lSs. 6d.y costs, lis. j Charles- William Martin ;v.;.William Henry, £1; 155., costs,'Ss. Fielder and Co. v. Charles Dorozac, £7 9s. Bd., costs Bs.: same v. Arthur Reovo, £14 7s. 6d.-,'costs;lss.; -.Herbert OsbOurrie M'Earlane v. Ohai. W;'L.' Stephen,' £34 13s. lid.,' cbsts. £2 "14s._|; W. Littlejonn•-and Son v. Archibald 15. Kennedy, £9 3s. Bd.; costs IBs. 6d.;. Drapery, and General Importing 'Col;' Ltd.'; v.. F. -W. Fitz-Patrick," £l- ( ■ c6'sts: r 'l7s: Jane' Siegel.-v. Mrs;. David ; ; costs. £1 3s;'6d. , ■;■ ■.' ' • JUDGMENT SUMMONSES. 'In :the.judgment summons; case ; Edward'. Frasor.: Jones : v;.. Frederick Webb, .a 'debt: of' £17 3s. 9d., debtor was . ordered to pay on- or before February 9, in default seVen days' im■prisonmerit.- -■-.'■■.■• . Intho-case Graham and Lambert v. W. B. Giesen, a debt. of £28 195., debtbr'.Was or'dored. to pay on. or- before February 9, in default-'ono : month'b imprisonment in -Wanganui'gaol. v - ~ : -v" ' 1./;/:'. ■ , i-—^ - • DEFENDED CASES,' •' . (Before Mr. W, G. Riddcll, S.M.) . , FEMALE LITIGANTS. !• Elizabeth AlarV : Rolfe sued.Mrs. Luey:MagtiiT&rfor''£2,, Bala'n'ce alleged' 'to. bo'-due;on hiach'iiie.-: -Defendant' couiiter-claitnOd : for ''goods' "aiid ■'mdnhy 'givferito plaintiff j', and for nursing plaintiff's 'sony which she considered covered tho indebtedness. His Worship-gave judgment for. plaintiff .for £1 10s., and posts Bs. ",. THE HIRE SYSTEM. ' Chas'v.Bbgg .and Co., Ltd., music, sellers. (Mr. Lcvvey) sued Clias.'Minifio for, £4 19s. . Bd;,;' instalments; alleged to be duo .'.on 1 tho. of a jiiano on the hire system." Defendant' admitted that' he had. sighed an agreement (produced) , arid had received tho piailo, hut .denied ' that-he was . responsible for tho. aihOurit claimed, bn account. of the .condition' of the piano,' Further, " lie! urged; that he had been. misled into making the 1 agreement by 'someone not; contfecfed;- with tho plaintiff Company. ' ;His::Wor'ship Considered that' , there?w'as :i ho possible dqu.bt;a's to; defendant's liability;--He niay :hay6'' ; mis'unddr!stoo(l he hiid entered into, but lie Was responsible" forthe amount claimed. .Judgment would be for tho amount claimed and costs £1 Is. A DEAL IN RABBITS. '~ (Before Dr. A. M'Arthur, S.M.) •' John ; Milesi; and Joseph Ingle,' fishmongers'; (Mi-.: Beere: and Mr. .Fitzgibboli) sued Win;. Hircomb'v fishmonger ' (M!r. '■ Hiiidmatsh) fO'r r £64 6s. 2d., alleged to bo due as tho result of a . special partnership deal in rabbits, and being' what plaintiffs .claimed from. defendant as the., unliquidated .balance of 'the partnership: account .between the plaintiffs and the defendant; and duo .to plaintiffs at tho time of tho determination of' the partnership. After .hearing evidence at sbifie length, His 'Worship reserved his decision until February .2. v-v--; RESERVED JUDGMENT. . ; PRESENTING CHEQUES. - A MAGISTERIAL PRONOUNCEMENT. ' judgment Was ■ given ;by - Dr. A. Sl'Artliiir, : S.M., in' the Lower .-Hutt; ; case,;Geo.v: Cudby (Mr. J. J. M'Grath) v. tho Executrix of tho Estate of A. Young, deceased (Mr. W. H. D. Bell), a claim for £20, amount of a cheque drawn by defendant oil the Bank of New Zealand at Lower Hutt, -payable,to the plaintiff or bearer, and dishonoured on presentment-. Plaintiff 1 also, claimed a further, sum of £5 15s-.'5d., interest at the rate; of 8 per cent; per annum down to tho'day of ; entering judgment. A furtherslim of £5 wis-claimed by plaintiff as being cash advanced aiicl interest,'.making' a'total claim of £32 os. 6d; The chequo for £2p 10s. bore date June 20,'1905, ahd the cheqlie of .plaintiff, for ;£5 Was - dated January 22, 1906. .' Defendant's cheque was Over .threo and a half years old, and plaintiff was not certain whether ho .'ever presented it. The executrix -knew nothing of the cheque until sihe received a letter from • tho jilaintiff's solicitor. Cheques, said His; Worship, must be presented within a reasonable time after issue,.■ in ; .order .\to render the. drawer liable, regard bShg had in 'determining what wis a reasonable time, to the usage of trade and hankers, and the facts of the particblar case. Tho drawer-Of a cheque was not discharged by the ■ holder's failure to present in duo time : unless, tho drawer sustained' from the delay actual prejudice. In the presont oaso tlie ; drawer; had died, and." , his wife, tho executrix) knew nothing Of the chequo till some time after. her husband's death. By delay tho holder takes tlie risk of the bank's failure, or- revocation of their authority. to pay by the deatlivof the(draWeri;or>countcrmand' of paymontA",,This¥ said 'His 'Worship, disposed of that' part of .tlifl claim for the £20 10s. -cheque, and interest £5 15s. sd. As ..to., the loan said, to r bo 'advanced in January,.' 1906, considering'the nature of. tho transaction, a ,loan for racing' purposes, tho long time'that' had elapsed and tlio subsequent death of ; the loanee, His Worship did not think that plaintiff could claim on the .oSecutrix. Tho production .of; the cheque, did. Tiot prove that it was a loahi Plaintiff might suffer by reason .of his pnticncej but considering that tho loan was admittedly for speculative- purposes at tho races, tho Court did' not" think it would .-be right in giving judgmpnt against the executrix, who, in His ■ Wofship's opinion, rightly resisted the claim. Judgment would bo for defendant with costs .£2 2s. '