CIVIL BUSINESS.

Dominion, Volume 2, Issue 422, 3 February 1909, 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 undofended cases.— Chas. Jenncr and Co.'v. Thomas R.* Husband, 2s. 3d,, costs 125.; Thompson Bros., Ltd., v. W. It. Andiows, £11 7s. 3d., costs £2 os. 6d.; Dresden Piano Co. v. Martin Carroll, £12 14s. 6d., costs £1 10s. 6d.; Chas. Wm. Martin v. Christian Conrad August Wilkomng, £10 Bs. 6d., costs £1 10s. 6d.; Dresden Piano Co. v, Arthur Birohall, £8 4s. 7d , costs £1 10sr 6d.: Robt. Parker v. Wm. John Taggart, £170 7s, costs £7 18s.; D. W. Virtue and Co. v, Chas E. Blake, £20 19s. 2d., costs £3 Bs.; Dresden Piano Co. v. Abraham Lincoln, £9, costs £1 12s. 6d.; M'Lood, Weir and Hopkirk v Oscar George French, £19 16s. 9d., costs £1 10s. 6d.; C, and A. Odlm Timber Co., Ltd., v. Mortimer Sullivan, £97 16s. 9d., costs £5 lis. 6d.; W. and G. Turnbull and Co. v. Jas. Johnson, junr., £1 14s, Bd., costs'B3.; Browno Bros, v. Wm. M'Alpine, £7 10s., costs £1 3s. Sd. ; Julia Ashdown v. Harold Flockliart Shingles, £150, costs £6 18s.: Nelson, Moate and Co., Ltd., v. Archibald Kerr, 25., costs 25,; 3cbs'o Corapton v. 'Itiomas Compkm, £200, 1 costs £8 10s.; Wellington Loan Co., Ltd., v, John Ctyton, £20 Is, 10d., costs £2 17s. ; Sir Kennoth Douglas v. Wm. Jamos Blandford, £4 18s., costs 12s. j J. Staples and Co.. Ltd., v. Thos. Bornard Hugh M'G'uiro ana Chas. Warwick Pancvs, £43, costs £2 175., T. Kennedy Macdonald, Ltd., v. Joseph Andrews, £5, costs 55.; same v. Richard J. H. Leigh, £2 10s, costs os., Patterson and Sons v. Thomas It Husband, £9 8s Bd., costs £1 3s. 6d.; Ellen Constance Mojo v. Jessie Cameron, £7 Bs. 7d , cests £1 3s. 6d. j N.Z. Flourmillers' Co-operative Association,

Ltd., v. Mrs. Mary Adams, £7 2s. 7d., costs ±1 os. 6d.; samo v. Wm. Rcid Andrews. £60. costs £1 3s

JUDGMENT SUMMONSES. !" tlie judgment case, Blundoll Bros, Ltd , v. Walter Moore, a debt of £5 10s. 3d., debtor war ordored to pay on or before February 16, m default 7 days' imprisonment In tho case Herbert Wm Proston v. Thos. M Guire, a debt of £32 17s. 6d , debtor was ordored to pay on or before February 16, m w j no montn ' B imprisonment. JVo order was made m the case Andrew Avison and Henry Walter Willans v. Clias. H. Smith, a debt of £7 12s. 6d. DEFENDED CASES (Before Mr. W. G. Riddoll, S.M.) CLAIM FOR COMMISSION. George A. Hurley, land agent, proceeded against Neils Nielsen, farmer, Helensvillo, foi £i 14s. od Mr. A H Barnett appeared for plaintiff, and Mr C. W. Nielsen for defendant Tho claim was for commission for collecting instalments of a mortgage which was sub-mortgaged by defendant to another party. Defendant asked plaintiff to find a purchaser of a mortgage for him. Plaintiff had a client, but ho would not buy because ho intended going Homo within a couple of jears. He offered to lend on tho mortgage, taking, as security a sub-mortgage Defendant agreed to the conditions laid down by tho investor, one of which was that Nicfsen would pay the cost of collecting the monthly instalments. H© had paid some, but not all of the costs, and declined to pay the remainder. The defence was that the money belonged to tho investor, and not to tho defendant, and therefore he was not responsible fpr tho costs of collection ' His Worship said there seemed no difficulty about the matter. Tho usual rule of evidence must apply. Assertion was not proof. The onlj two items he considered proved wero those of 10s. and ss, and judgment for these amounts would be given for plaintiff, with costs Bs.

!v:yy^ V':The: erection; of' a g rabbit-proof ;fence ! ;!was .the- basis': of:.ah r action;;!in.-'which'-James M '.Menamen,'. of -Makarai -' f had! called! upon Patrick, Heale'y, and JoHn, ; Ernest, and : Allan '•■ Catley,. all 'farmers.' at Makara;' to erect' a rrabbit-proof: fence'.'betwedri:. their 1 holdings-' and-those; of plaintiff.';; The ..'point'at: issue' was ,what'prppprtipn/of,-the r cost. ,'Bfowri appeared, for: MrJ.'-M-'Menamcn.vMr.".jHislop a|mearing;for:the objectoTS;,': v;:;s' vx<:y-W :'..- : Eyidenc6' : was' given 'pn'.behalfpf'the!piairir .tiff,":'showirig that' thb!brecti6n : .:.of suchi'.; a' fence;:would be of 'great l the;.rabbit pest^un'deri'?";'':;!,';" }': : ~ ::|;-.;;;,.''.':. :;jPatrick'Healeyi one'of'the'deferidants/said' 'the.'rabbits.owere hot;trbublesome., :It would, not: pay,.himvto; expend. the' ; money." required :to erePtl'the^rahhit-proof:'feince.;V>'.:/. : !■; ,"." Other (.witnesses' - thought!■ the fences !would ':not.-bo,:.!j?prth,tho;cost .of.'orebtiony' and,the! icost': of-maintenance;^^w - ould .bb';',too'!'.severer. Most''of the land .was.rough'j-broken country. •There '_had,been ,'no'.''increase ; in ''the! rabbit's m : the ,'district'for'tcn.-'-years.past, 'arid' :"thoy: :cbuld ,be : :kept;,dpwn .'."■ '•.->..• '■'.■'.' VHis. Worship'saidVthe- mattervwas.of ,!con- . sidejrftble",.iniportaneej ■',■ aiid'. he; 'would his-.deioisibii" to 'look', case. : ' "S:'^

CLAIM FOR WAGES. In a case in whioh Richard 0. Johnston, butchor (Mr. O'Leary), sued Squire Thornley, Island Bay (Mr. O'Regan), for £2 165., plaintiff \Vas nonsuited, without costs. Defendant, it was alleged, left plaintiff's employ without .giving him notice, and the claim uas for one week's wages in lieu of notice. BOARD AND -ARCHITECT'S J FEES: (Before Dr. A. M'Arthur, S M.)' , Finality waii reached in tho hearing of the 'case Henry Macintosh (Mr. AVilford) 'y. Alex. M. Harrison and W. Morrison, trading as Harrison and Morrison, two separate claims for £30 12s 9d and £39 for board and lodging and architectural fees. Defendants denied any liability in respect of either claim. After hearing defendants' evidenco. his Worship reserved his decision until February 9.

' AN ANCIENT DISPUTE. > Stephen Strand, builder 'and contractor (Mr. Wilford), sued Chas. Wm. Brown, farmer, Hutt (Mr. Peacock), for £45 Bb. Bd,, money alleged to have been paid by plaintiff at the request of, and on account of defendant for material supplied and labour done at a house at the Hutt. Defendant counter-claimed for £26 17s. 9d. for 2650 ft. of totara and red pine timbor. The sum of £12 lps. was paid into Court in respect of the counter-claim. The case had been partially heard at the Hutt, and had been outstanding since 1906. After hearing the evidence at length, his Worship reserved his decision to February 9.