CIVIL BUSINESS.

Dominion, Volume 2, Issue 597, 27 August 1909, Page 9

CIVIL BUSINESS.

(Before Dr. A. M'Arthur, S.M.) Judgment for plaintiff by default of defendant was given .in the following 'undefended casesi—Wright, Banish, and Co. v.- Jack M'Kenzie, .£23 16s. -id., costs £1 Os. Gel.; D. Benjamin and Co. v. J. M'Dpnald, .643 69. 8d„ costs £1 3s. i P. H. Miller and Co. v. George Braund, JEI 4s. 3d., costs 12s. > V? bury Bros., Ltd., v. Leonard Clough, £i la;, costs ,16s. 6d.j Skerrett and Wylie v. • Robert Bannister, costs, only, 10s. 6d.s Sohool Commissioners v. Lewis-tvilliam Wilson, £1 lis., costs XI. 3s. 6d.; Sai'good, Son, and Ewen, Ltd., v. Arthur Mitchell, .£2 55., costs 10s.; Dr. Hogg v. Claude Watson, XI■ 10s., costs 10s.; M'l'.co'd,, Weir, and Hopkirk wJ. H. linight, X 25, costs S.l IBs.

. JUDGMENT SUMMONS CASES., . 1 In the judgment summons case of Hubert Willoughby'Arinit v. Norman, S.C.; Cole, a debt of X 3 55., the debtor was ordered to pay the aniount' due, on or before September 9, in default three days' imprisonment. T. Donovan" was ordered to pay to George A. Adams'the sum of .48 Is., on; or before Sep; tember -9, in default eovon days' imprisonment.

In the . case of Aubrey E. J. Wright v. Josoph C. Amoretty, a debt of X 3 Is., tho debtor was ordered to pay., on or before September 9, in-default three days. Alfred. Georgo East was ordered, to pay to Doncall and Upbfim the sum of X2lls. 6d.,0n or, before September 9, in default 21 days' imprisonment. ' [We are informed by plaintiffs that this case was sottled out of Court, but too late to stop proceedings'.]'' ' . ■ . DEALINGS IN GRAIN. Reserved decision :.was given by his Worship, Dr. A. M'Artlmr, in the cases of Jno. Chas. Spedding v. Chas. G. Lamb, a claim 'for XGS. 7s. 5d., and Lamb v. Spedding, a claim for Xsl 14s. lOd. Judgment wha given in the first case for the plaintiff for Xsl 14s. lOd. In the second case, Lamb v. Spedding, judgment was given "for plaintiff for the amount olaiMed, .£l6 ss!'Bd./.finch party was ordered to. pay its own costs. Mr. Menteath appeared for Spedding,. and Mr. M'Grath for. Lamb. ) • RENT AND DAMAGES. ■ His Worship also delivered/ his reserved.decision in the case of W. W. M'Cardle v. Baxter. Plaintiff, who is the owner of _ a house of which defendant was a tenant, olniined .46 10s., one month's, ren£, in lieu of ' notice, and X 2 16s. for. damage done by defendant to the house. In regard to,' tho'first part ..of tho'. cluim, a week's notice had not beeh given, so plaintiff was entitled to XI 10s.. In, regard to the second part, plaintiff was entitled to the sum of X 2, 16s.' claimed by him. Judgment would thus, be for plaintiff for XI Gs,, and costs. Mr. Samuels appeared for plaintiff, and Mr. Kirfc..oaldie ' for defendant. ■

ALLEGED BREACH OF CONTRACT. 'The case of Andrew' Baxter, carpenter, iind Williftm John Brnniff, builder, v.' Richnrd Stratford; timber nierchnnt, and Mrs. Elizabeth Ann Martin, which Ijnd been commenced on tho previous day;, was' advanced'ft . further stage. His Worship, intimated. that ho would give his decision' on September 2. ' Mr. Dunn appeared for plaintiffs, Mr. Dix for-the defendant- Stratford, and Mr.. Young for the defendant Mrs.. Martin.-'-(Before' Mr. W. G. Riddell, S.M.) • . TESTING MILK SAMPLES. ' . A sum of £3 3s. was claimed by Geo. V?. Wilton and Co. from J. T. O'Hagan for seryices rendered. Defendant, who .is a milk vendor, took" some milk samples to the -plaintiff company to- be tested, but after tho work had been ; done, - objeoted to the charges as being exorbitant. Judgment was given for plaintiffs for- the amount claimed, and costs .£2 6s. Mr. Nielsen appeared for the plaintiff company. DAMAGES FOR WRONGFUL DISMISSAL. Mr. W. G. :EiddelJ t gavpi.his;-feser.r.ed i decision in the case, of-Joseph'' v'.' Aaron Samuel, and Geo. Win. Gray (trading its: tho. '.Wholesale Woollen Co.), ;and Fleming ;.Eos3, receiver.'' This was an action remitted io the Magistrate's Court after appeal to the Supreme Court for the assessment of. damages l for wrongful dismissal.'. His Worship Rave judgment for plaintiff for 1 <6161, twelve mouths', salnry in lieu of notice, and costs X2O i6s. Mr. Johnston appeared for plaintiff and Mr. Wilford for defendant.

A JUDGMENT REVERSED. Tho iase of Elizabeth.. Soinarvillo v. C. O, B. Lamb was again..bafore f j.the,iCourt:.yesterday. • On ; a previous .ooeasioh judgment;' had been givon for .plaintiff,' who' cltiimid lis! ■lid;,-amount.of a promissory note and interest!'. This decision was a-ppettled against, mul re : versed by, the Supreme.Co'urt.; .JudgmCnt'.ih accordancewith ' this' decision.;' wastherefore Dnterod up, : with costs M 75., against plaintiff! Mi. Kelly., appeared for . plaintiff, ,_and_Mr. Brandon for defendant. \

' A COMMISSION CASE. '.A"claim of J515, commission alleged to 1 be due on the sale of/a house, was preferred by Hugh Jas. ' Sweeney (Mr. Perry)' against David Parnell (Mr. Kirkcaldie). The dcfence to tho action was that plaintiff really acted not for the vendor, but for tho buyer, who had agreed to-pay him commission. - His Worship, gavo judgment for plaintiff for. J23,■ and costs <C 1 ISs. ' . -