MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 466, 26 March 1909, Page 9

MAGISTRATE'S COURT.

POLICE CASES, ' : (Before Mr. W. ;G. Eiddell, S.M.) Five first offenders for drunkenness appeared before Mr; W. G. Eiddell, S.M., yesterday morning. _ Oho female offender and one male were convicted and discharged, two males were lined ss„. in default. 21 hours' imprisonment, and a mala offender who failed to put in an appearance - was convicted . and fined 10s., the amount of his'bail, \uth. the alternative of 43 honrs' imprisonment. ■ : . ,SENT'Tb THE COUNTRY. In addition to a .charge.' of drunkenness, a charge of being trn idlo and disorderly person was preferred against Ada Lister, alias Emily O'Hagan; On'tlie charge "of insobriety she was convicted arid fined 55., with .the alternative of 24 hours' imprisonment, and on the charge of being idle and disorderlv she was ordered to come .up for sentence when called upon, conditionally on her going into the country. .' '\ ; ■ —r— • ' ALONE AND FRIENDLESS. _A i neatly-dressed young woman named Rosina Wright was'charged with importuning in Gliuznee Street a,t 9 on Wednesday night. She pleaded guilty. On her behalf Inspector Ellison stated that she Had no friends, and was a recent arrival from the Old Country; He asked that she bo given another chance. Accused was convicted, and ordered to corno up for sentence when called upon. IN THE NATURE OF A JOKE. An alleged joke resulted in a young man being charged"-'With' the theft of two knives, the ; property . of Daniel Connor. Mr. J. oogood appeared for the accused, and beforo the charge Wfts -rgad asked that it be withdraivn. He said that, on AVednesday night, accused and: two companions went into Palmer's Oyster .'Saldon for supper. They were having a bit of fup, and accused was showing his companions ~j:he. "Bronson", trickj with tho breadknife.'/'When he had done the trick, he absent-mindedly put tho knife into his pocket. Mr. Connor, had since stated that he was willing to have the charge withdrawn; His-Worship refused to allow this, laying that , the case was now ia the-hands of tho police,ybut a remand was granted until March 29, bail being allowed in i 5. .

' ALLEGED THEfU'. •• ■ A charge was brought agains? Harry Bowles, alias Robertson, that he did, at Lower Hutt, commit the theft of a : silver . watch, silver chain, ribbon band watch guard, Maltese cross, razor, shaving brush, and comb, of a total value of J!5, the property of George Harding [ and Michael Donlon. ; l On the application of C -ief-Detective Broberg the accused! was remanded till Monday. CIVIL BUSINESS. ' " (Before Dr:'A: M'Arthur, S.M.) , Judgment for, .plaintiff by default- of defendant was given in tho following civil cases: —fe' r . Kenneth Douglas v.'William Arthur DOndant, is. 10d„ costs £1 3s. Gd.j A.'W. Croskery and Co.. v. Thomas Harry, "Williams, 145., costs lis.; "New Zealand Times®' Co.; Ltd., •v. L. Fraser,- -£l,< costs 135.; Rouse and Hurrell Carriage Building Co. r. Charles Osborne Bur--1 goyme Lamb, £2 11? 6d„ costs .£1 65.; FrancescoLecce. v. Amelia Smith, 12s. 6d., costs 55.; Empire Loan and Discount Co., Ltd v H; T. Head' and Elizabeth Head, £19 10s., costs f 3 10s * ; W.Littlejohn and Son. v. J. Ship- \ S * ■' costs £1 16s. 6d. ;■ Robinson ".5 A Pc J^Jv'& mes J " Stevenson, Je6il& costs' 9s/6d.; Wellington Bakers' Union v., George L. Braggins, XI 4s. 8d„ costs 18s. (less Xlr-sk paid into Court); tho same v. John Walls, ili is., costs 55.; Herbert Andrewaithaf trading as the South Wellington Packing Company, v Mary Smith, £2 12s. 6d., costs 10s.; Universal Supply Co., Ltd., v. Charlea'Henry Smith, £1 155,, costs Bs. • - I' JUDGMENT STJMMONFES.

No orders were mado m tho following judgment summons cases :-Veitch and Allan v. i William Wilson, a debt of £1 Bs.'2d. ; Palmer ■Engineering Co.,' Ltd., v. Charles L. Zimmerman, a debt of Mi lis Gd.

' , RESERVED JUDGMENTS. A CONTIUJT DECLARED VOID. .Ikswved; jndgment was delivered by Dr. M Arthur in the case H. Lambert and H. "? 8 v- i ■ C :,M'Kerrow,-a claim for .£SO, nf a l an ? d amt <g c s for-alleged breach «i Sir ' ot the coso were that plaintiffs purchased- from defendant certain timber lying on a section at Hoincbush and /belonging to defendant. Some time before this transaction, defendant had sold to ono Cavaon the section for removal, r a \ m ? d ° J, n ? Ia - v ' and in December v If Lal ° be F t called on defendant with a nn H, Purchasing some timber and iron lying ??uwf- C ,°, tt^ e 1 - / rh , ere wns nf 4oubt! his-Worship said, that defendant told Lambert he had sold the cottago to Cavanagh, and, assuming that the latter had ' removed all the material he required,-he sold what he believed u U l 0 P lalhtl ,ffs. As a matter of fact Cavanagh had removed little if any of the material, and plaintiifs would therefore bo getting_tho materials of a whole cottage forJIB Plaintiffs considered that they were buying tho lot,- and produced their agreement to that elfect In regard to the legal position his Worship Stated:; An agreement is void if it relates to a subject 'matter contemplated by tho parties as existing, but which in fact does not exist." • In this case both parties assumed that Cavanagh had taken what ha wanted, whereas ho i had not. When tlieve was a stipulation accepted by each party with a different application, there was no real agredmcnt. PlftintiiTs were entitled to recover the sum they had deposited on the sale. Judgment would therefore oe lor p aintiffs for the amount paid into Court a , . P. 0 !. 3 10s. Mr. Levvey appeared for plamtifts and Mr. Beere for defendant. COMMISSION ON A SALE. Another reserved judgment was delivered in tiie case of Wm. Aubrey, land agent, Lower 7' Mitchell, farmer, a claim for 43. id. commission, at 'tho rate' of 2.1 per cent, on J-5248 155., purchase money of 807j acres at.,£6 10s. per acre. Plaintiff stated that defendant employed him as agent to sell his farm and further,'that ho (plaintiff) introduced to defendant one Harold Edivard Ivey, who purchased the farm at the price stated, aiid on the terms approved by and agreed tol by defendant. The point at issue was whether tho sale went off through Ivey's inability to complete the contract, or by reason of a misrepresentation made by Mitchell aa to i ■ ?^ perty ' ..Another point was whether plaintili was to receive commission on his finding a purchaser able and willing to purchase, or whether he was to be paid commission °S i °i n co , n .n of a sale being absolutely effected and carried through. In his AVorship'd opinion Ivey was not in a position to comv Ple'o his agreement .with Mitchell in. June.

■ 1908. Tho only evidence as to misrepresentation on Mitchell's part was that of Ivey, who said that 'lie could not go on with tho doal because defendant had represented that the 'flat oii the front was freehold instead of leasehold. This was denied by defendant, who said that tho sole reason for secession was that Ivey could not find money to complete tho contract. His Worship considered this latter statement to bo correct. In regard to the matter of commission, his Worship held that plaintiff was not to receive commission unless tho deal I were completed and fully carried out. Judgment would therefore be for defendant, _ with I costs .€6 lis. Mr. Dunn appeared for plaintiff, and Mr. : Blair for defendant. ' SEAMEN'S OVERTIME. Another olaim for seamen's overtime was hoard yesterday, when the Wellington section of the Australasian Seamen's Federated Industrial Union of Workers sued Richardson and Co.; owners of the s.s. Ivahu, for overtime said to have been earned for keeping up steam in the main boiler of the vessel in bays and roadsteads on the East Coast while cargo was being handled. • Mr. Herdman! appeared for Richardson and Co., owners of tho Kahu, who admitted a technical breach.' In defence, Mr. Herdman quoted Section 26' of the Conciliation and Arbitration Act, providing that no action shall be commenced for -the 'recovery of any penalty under the Act s'avo within sk months after the cause of action had arisen. He asked that-only a small fine be imposed, and pointed out that the proceedings would ultimately injure the men, who, he averred, were perfectly content under the existing conditions. Under tho old award, tho men were paid 30s. a month more than the rate •of wages fixed by the award, and, under tho present award, they received dEI more per month than the award rate, in addition to being paid for all overtime, except a few houra on an occasional Sunday. The company had also arranged to pay a bonus of £5 once a year to each man. As a result of tho union's action, the company would be compelled to stick to tho strict letter of the law, which would not bo so advantageous for the men. • On behalf of the union, Mr. Yonng stated that Richardson and Co., in 1905 and 1907, had adhered to the provisions of the awa;d. His Worship reserved his decision until Monday next. j The case against the owners of the 6.8. Manaroa and another case against the; owners of tho s.s. Kahu were adjourned until Monday.

. ' A'EACEHOHSE DEAL. !. Charles Bouth (for whom Mr. Dunn appeared), residing at 11 Boston Terrace, claimed from Thos. Dwyer, manager of "The Talkeries," ' Masterton, possession of a racehorse named Mutiny and certain accessories, or, iu the alternative, the sum of M 2 12s. 3d., being value of the horse, and £2 12s. 3d., value of the accessories. ■There was also a claim for .£2O for'<'detention ,of the liorse. Jfr. Herdman Appeared for the defence. After hearing evidence, his Worship intiinatedi that he would take time to consider his decision. ... " ; ■ REPAIRS TO A MOTOR-CAJt; A claim for £o l|s. Gd. -was brought by Gifford, Nicholls, and'Company 1 against Emily Weiss, as charges in connection' with repairs to a motor-car. Mr. Hindmarsh appeared for plaintiff, and Mr. Im'n(llay for defendant. Judgment was reserved until April 1. : COMMISSION ON A LEASE. An action 1 to recover'the sum of .£lO commission, alleged to bo due on tho sale of a' lease, was brought by Wm. Lingard (Jtr. Gray) against Emily, Weiss (Mr, Findlay). The hearing of-the case was adjourned, j ACTION FOR PARTNERSHIP DEBT. 11. Prico and Company (Mr. Arnold) brought an action to have George Robert Hosking (Mr. Buddie) declared a' partner in the estate of I'ranklyn and Hosking, building contractors, of Westport. On July 14, 1908, plaintiff obtained judgment for £75 Is. lOd. against I'ranklyn and Hosking. The sum of £ol 9s. had since been paid as tho proceeds of a distress warrant against the'firm. Application was now made for an order declaring defendant a partner in the firm, and giving; judgment for tho sum of ,£3O 12s. 10d., balance of tho firm's debts, with interest. ' J ' His Worship reserved his decision.

(Beforo Mr. W. G. Riddell, S.M.) r' ■ ""f - t' a wiTNii:ss l s t e^eSses:' A claim for ,125., stated to bo due as witness's expenses incurred in a recent civil action before the Court, was brought by John Allan Hoban (Mr. Sharp) against Edward John Walsh (Mr, M'Gratn). The' sum of ,£3 ss. had bean ijjaid into Court' by defendant, 'and his Worship gave judgment for plaintiff for Is. Gd. in. addition, and'costs 3s. Defendant was allowed 10s. Gd. costs. ARREARS OF UNION FEES. 'The Wellington. Operative Union of Bakers (registered) (Mr. O'Regan) claimed 16s. from Vanco, Hitchcock, for arrears of subscription, and fine due. Defendant stated that he' had resigned from the membership of tho .union at ,tho time of the strike in August, and was not .liable for subscriptions after that date. The (resignation, it was stated, had never been received by the secretary of the'union. i His Worship gave judgment for tho amount claimed, with costs Bs. ■ , » A 'MILK ACCOUNT IN DISPUTE. ' Mary Josephine Hill and Thos,. Hill sued Victor Maurice Braund for £7 4s. 4d. for milk and-cream alleged to have been delivered. Mr. 'Devine appeared , for the plaintiffs, and Mr. Neave for defendant. For the defence it was contended that some of the milk charged for had never been delivered, that tho charges made;were above, the agreed and fair rates, and that credit for moneys paid had not been given. •The'.case was further adjourned. •'•. . MOUNT COOK POLICE COURT! Atj the Mount Cook Police Court yesterday, before Mr. Thomas Bland, J.P., one first offender was convicted and discharged.