MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 537, 18 June 1909, Page 11

MAGISTRATE'S COURT.

(Before Mr. W! G. EiddeU, S.MJ

There were five charges before the Court yesterday morning, all of them being for insobrieflv. Susannah Acberman and James Jiawara Kandell, both of whom had been previosu y convicted, were -fined ss. and 10s. respectively, the default being fixed at 48 hours' imprisonment in -each -case.: One first offender-was convicted, and fined 55., in default 21 .hours' imprisonment, and two others who failed-to put in an nppcarnnce ivere .fined, the amount of their bail,'los." . " ' . CIVIL BUSINESS. (Before Dr. A. M'Arthur, S.M.) UNDEFENDED CASES. . Judgment -for'- pTa'iritiff hy default'of.rdefen"dant was given in -the following undefended cases Thomas' Ballinger, Alexander" Ipogood, and ■ Annio - Toogood, executors in-V.the_.estato of M r . Toogood, deceased, v. Isaac Hutana, M ia. 5d., 'costs £2 16s. 6d.; the same v. William L. Tocker, £2, costs 10s.; Ernest W. I'. Lutz. trading' as E: ,W. Wilton .and. Co* v. Charles Cairney, .£1 Os. 4d., costs ss. ; Wellington Gas Co., Ltd., v. William Holmes, 6d., costs lOs.j P.'H.i'Miller and Co. v. Frank A.; Cooper,-,£28 17s. 8d:, costs 45.; Alexander Rosa and Co. v. John Poppolwell, Xl 5 155., costs £1,103, 6d.; Kash and Oooder r. Edward Carter,: :£3, : costs : 10s.; John F. Turnbull v. Albert Edward James, £1 19s. M., costs 10s.; Levien; Shallcrass and Co. v. Alfred Ankotel , X 3,; ss. lid., costs .£2 165.; Wellington Publishing Co., Ltd., v. Owen MTVilliams, £5 45., costs .£1 3s. 6a.; tho samo v. Joseph E., Dal ton,, ■JBIB, costs £1 10s. 6d.; E. H. Crease and Son, Ltd., v; Harry Holdsworth, £7.45. 9d., costs i£l 3s. 6d.; ■ Kia Ora , Galvanising Co. v. Wilson 'and'Wilson,-.'X4 ss. 7d;;'-costs Bs.; E. W. Mills and Co., Ltd., v. Eohert W- Guy, >£32 lis. 2d., costs 25.; Eidley.'and Son ri James Lynam 153.: coats vd Ss.' 6d.; His' Majesty the lung v. Ann 'Scoble,. <e51.'155., costs £3 15s. Od.

JUDGMENT SU-MIfONSES. Ernest Little was ordered, to pay 17s. to Henry MXean, .in default;three days .inrnnsimm'ent, the warrant to ;be i suspended so j!long< as; 257 6d a'.week, is paid off the. y; _ •, '•In tho case of lnglis Bros.- v.. George Smith; «'dSßt"ol' £ri23:.'the debtor was ordered-to pay on or. before July 1, in .default three days was ordered.'tovpay 6sto Laery and Co., Ltd., on or before July 1, in default three days' imprisonment. ■ . , No ordors were made m the following.oases. —W. J. Gaudin;iwdr^ntv^J(^ph, £. debt of. 423.i195.-ild.-;. W„ : H. Koroneho, a; debt 'of lis. • . v i»«jn'n^l

v. CASES. : : A QUESTION OF LIABILITY. 1 , Seaton and Sliddon (Sir. Fair), sued Elizabeth SomrnSville (Mr. M'Grath) for bo due for surveyors fees. ; 1 he- defence submitted- tlrnt there, 'was .no claim,.against tho defendant, who is the mother of W. G- Sommei'ville. It was the latter who ordered the work to be done, which he admitted. After hearing the case" for plaintiffs, his Worship adjourned -proceedings until June; 29, when he will intimate, whether or not he wishes the defence to bo gone into..;; . .'r . ACTION FOE DAMAGES. ■ : '.The'caSß in. which; Amcotts' Cmoroft -Wilson' (Mr. -Fair)''sued G.'-Victor -'Beck; (JW.; Herdmiin) for 450-was..concluded..- The claim/was for damages for.. breaoh of contract; in connection' with' the canvassing - for advertisements for.'.the new telephone directory. ; : i His Worship resorved . his, decision. .) .■, '

(Before Mr. W. G.i Eiddcll, S.M.) : DAMAGES FOR BREACH OF CONTRACT. An action was brought by, Isaac Clark, tinsmith, Adelaide Road, to recover frourJ. Davis,-ihanufaoturcr.'of Revans Street, the sum of i3'9s. for goods supplied.; Mr. Toogood,, oil behalf of defendant, admitted the amotint oi tho-claim, but-brought a counterrclaim for -£S 9s: 6d: Plaintiff agreed'to'supply sis gross 01 tins tor defendant to contain a -special cloth cleaner;-'-Some of those, tins were not supplier oh tho dates specified, . and defendant stated that, on that.' account, he ; had to throw '.away' the manufactured 6tuff,;as it contained volatile ingredients which rendered it useless unless^ it wero tinned at oncs. • On tjhis nccount 'do* fondant- claimed -M 9s. 6d., value of material, etc and £5 damages. Mr. Jackson appeared on behalf of. the plaintiff. His Worship gave judgment for plaintiff : on. the claim, '95., and costs .41 7s.'; On the counter-claim judg. incnt was fop. for «£5 9s. 6(1.> and costs il'4s. ;. .. "

: A FIFE'S DEBTS. ; . E. W. F. Lutz, trading as. E. . W,_Wilton and Co.,..butohers, Willis Street, sued John Bonasich, labourer, for tho suin of 41 7s.' 6d. .for goods. sold and delivered. ■' Defendant stated that he did not obtain the goods. His wife may have ,done 60., but he was not responsible for any debts incurred by her. His Wor-, ship refused'to allow'.'this, since plaintiff was not advised to that effect. Judgment nas given for plaintiff l for tho full amount, ahu costs ,6s. Mr. M'Grath appeared for plaintiff.' CLAIM FOR RENT: i Oliver Mewhinny (Mr. 1 O'Leary) sued. Mrs. iSarah Wrigley (Mr. ICirkcaldie) fof'4l7 Is. 6d., 'being 412 ss. for rent of premises l in Pipitea .Street' and' £i 15s. 6d. for piotures wrongfully :taken away from the premisos 'by the jtle- : fondant.. and for cost of repairs ana ''cleaning up rendered necessary by the "defendant's tenancy, . ' ■ ■ His Worship gave judgmont for the plaintili for 412.55., of which 45 ss. had previously been paid, into Court, with costs 41 125.. .- -,

MOUNT COOK POLICE .COURT.; , At the Mount Cook Polico. Co&rt -yesterday, morning, before Mr. T. Bland, J.P;,: J. < Seminat, for being drunk and disorderly, was fined sa. 'or 24 hours' imprisonment. . Another offender was-'T. .'Stewart; .'who was also fined 55.,' or 2J hours'for'the same offence.