CIVIL BUSINESS.

Dominion, Volume 2, Issue 460, 19 March 1909, Page 2

CIVIL BUSINESS.

(Before Dr. A. M'Arthur, S.M.) Judgment for plaintiff by default of defend* ant was given in the following undefonded cases:— Alice Anderson v. Richard Murray, X 7, costs XI Bs. Gd.j L. C. Knight and Co. v. Win. Porry, .£9 ss. 7d., costs Xl3s. Gd.; Alfred Burnett v. Lawrence Jacobs, XU Gs. fid., costs £1 10s. Gd.j Commercial Agency, limited, assignee, and J. A. Fletcher, assignor, v. Johu Ferguson, £2 12s. 5d., costs XI 13s.j Edward Joseph Walsh v. Geo. Hugh M'Leod, X 5 135., costs Bs. ; A. and T. Burt, Ltd., v. A. Peters and Son, £2, costs 10s.; Commercial Agency, Limited, assignee, and W.F.C.A., Limited, assignor, v. Kathleen Horrocks, costs only, 10s.; Charles Mallescli v. Paul A. Curtis, X 3 65., costs ss. j Rouse and Hurrcll Carriage Building Company, Ltd., v. Joseph Andrews, X 3 ss. 10d., costs 10s.; Thos. Joseph McCarthy v. Fred. J. Read, X4B 15s. 5d., costs .£3 175.; Ellen Graham v. Hilda Littlejohn, £2 10s., costs 55.; Clias. Bertram Klino v. Svdnev L. Jones, 3s. 6d., costs 2s. J Palmer Engineering Co., Ltd., v. G. Bannister, £2 12s. lid., costs 10s.; Snrgood, Son, and Ewen, Ltd., v. Richard A. Terrill, X 23 4s. 3d., costs £2 145.; Levin and Company, Ltd., v. Hugh Long, .€1 75., costs 55.; A. H. and G. O. Tripo 'v. Augusta Carstens, X 8 95., costs .£1 38. 6d ; To Aro House v. Helen Dunning, £3 14s. id., costs lis.; A. R. Hislop v. Jas. M'Kenzie, .£2 135., costs JBI 35.; E. G. Walsh and Co. v. Jean Cameron, 135.) 6d., costs 55.; Mijford Sound Greenstone Company, Ltd., v. Hokipine Love, XlB, costs X2'lss. Gd.; C. M. Banks, Ltd., v. Isaac Harrison and Co., 17s. 6d., costs 95.; same v. Jas. C. M'Farlaue, XI 19s. Gd., costa 55.; same v. Thos. Smith, £5 25., costs £1 3s. 6d.; Palmer Engineering Company,. Ltd., v. Sandlant and Company, .£7 10s. Gd., costs £1 3s. Gd.; same v. W. H. Paget, XI 6s. Gil., costs 10s.; H. Longhurst v. John Jacobs, jnu„ Al Is., costs 55.; n. C. Gibbons and Co. v. Frederick v Hunt, £30 .10s. 2d... costs £2 145.; R. and E and Co. v. Franklj-n and- Hoskings, €23 17s. 10d„ costs £2 Us.; Sargood,Son,and Ett-en, Ltd., v. Colin A. Mason,. XGS 4s 3d., costs £i Bs. Gd.; Hardt and Company, Ltd., v. Francis 0. Mackav, £25 ss. 3d., costs n X2 145.; '"IV Times" v. Frank Groves, £11 195., costs £1 10s. Gd.; "Dailv Mail" v. Murray Copestake, *X 5 25., costs XI 3s. Gd. JUDGMENT SUMMONSES. '•' In tho judgment summons case, F. Lam her J v. Jonn A. Lawsnn, a debt of £2 165., debtor was ordered to pay on or before April I, in default three days' imprisonment. •. In the case E. W. F; Lutz v. Frank Morton, a debt of X 8 ss. Gd., debtor was ordered to pay on or before April 1, in default seven days imprisonment. , w Ernest Webb was ordered to pay A. W. Croskery and Co. the smn of X 3 on. or before April 1, in default throe days' imprisonment No orders wero mndo m the cases Wellington Gas Co., litd., v. Wm.. Hamlin, a debt of Xl 3 12s 7d., and Scoullar and Chisliolm,-Ltd., v. Cecil Luscombe Hawley, a debt of X 4 12s. 6d. COMMISSION ON A SALE. Commission on a sale to the amount of Xl3l $s Id. was the cause of an action in which. Vm. C. Aubrey (Mr., Dunn), land agent. Lower Hutt, was plaintiff and -Wm. Mitchell (Mr. Blair), farmer, of Whiteman s Valey, Mungaroa, was defendant. Defendant wished to sell his farm of 8071 acres at Mungaroa, and plaintiff introduced to him Mr. H. E Ivey, of Wellington, who purchased the farm at the pi ice, XG 10s. per acre, and on tho terms agreed to by defendant, therefore, plaintiff claimed XM is. 4d„ being commission at -J per cent, on X524S 15s„ purchase price of tho farm. After the Hearing of lent hy^rodem*. the caso was adjourned until Saturday,, March 20. , .;' (Before Mr. W. G. Riddell, S.M.) A TIMBER DEAL. A claim for XB7 Us. Bd, for timber; alleged to have been supplied was brought by A. I. Gibbs and Co., 'Ltd., sawmillers, Wellington, against Thomas Carrick, carpenter, Kelburno. ifr. M'Grath appeared for plaintiffs, and Jlr. O Becrc for defendant. The defence Was that (liere had been an arrangement made'whereby Carrick was to-be allowed to return-some of the timber and have an allowance made for it. Judgment was reserved. ' ■ A claim for Xl 9 Is. Gd. was brought by It. Anslow, of Korokoro, Petone, against WalterII Briggs, motorman, of Wellington. , Plaintiff was represented by Mr. H. F. O'Lcary. Tho claim was for furniture and produce supplied, and which defendant .maintained that he did not buy. He merely took charge of it for his , father-in-law. Judgment was given for plaintiff for the amount claimed and costs X 2 Bs. Gd. Mnrv Josephine Hill (Mr. Devine) claimed X 7 4s. 4d. from Victor Maurice Braund (Mr. Neave) for milk and cream sold and delivored. For the defence it was contended that-the account was due to Thomas Hill, husband of tho plaintiff. .His Worship adjourned the case until March 25 to permit of Thomas Hill being joined as a plaintiff. Costs, XI Is., wen allowed defendant. DESERVED. JUDGMENT. INDENT AGENT'S LIABILITIES. Reserved judgment w.is delivered by Dr. M'Arthur yesterday in th» ccso of Salmond and Spraggon v. Weidner. Tlio plaintiffs stated that on.March 19, 190S, defenoont gave them, as agents for the L. Canesi and Co., of London, an indent order for coeds. '.Plaintiffs paid tho London firm for tho goods,, and demanded payment from defendant, who refused to receive the goods, on (lie ground that tho cost was more than double what was quoted to him His Worship stated in the judgment Hint the plaintiffs must be non-suited, since a brokor cannot sue in his own nemo upon a contract mado by him as a broker; A number of cases and authorities in support of this wore (Mioted. The argument from these cases was that where the principal's name is disclosed in a contract mado by the agent, the principal only can sW-\ unless the agent, by distinct words makes the contract his own. Plaintiffs wero" therefore non-suited, with 'costs 255, - Mr Von Haast appeared for plaintiffs and Mr. Fin'dlay for defcolant.