MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 792, 15 April 1910, Page 9

MAGISTRATE'S COURT.

HOTEL-BROKERS. 'QUESTION 03? EXPENSES. (Before.Mr.; W. K. HaseMen, S.H.). A case of- interest to hotel brokers, occupied .th* dtfctiitioh of the Court for. a considerable.:portion,.of tho jnornhv; sitting. 'Archibald Carherou Pearce, finance ana jpstate-/:ageUife. sued John Johisan, licensee of the 'Family Hotel,. Otaki, for incidental expenses, amounting to .£2l, in connection with the sale of the hotel. Shortly, the difficulty botweon the parties was this: Pliuntitf, capacity as agent, had sold, on.behalf of one Thomson,, a. hote! to Johnson, the defendant, the agreement between Pearce and Thomson being that the former was to receive from the hitter the 'sum of ,£IOO if the property, which was valued at JMQO, wae ,sold, for:d£l3oo.i'. The ' sale was ,duly effected, _ to Johnson,' who subsequently was debited by Pearce with certain expenses incidental to tho .sale, and customarily chargeable to the'vendee in such cases.-'• .Pearce admitted that' the ■ fee allowed on the sale was a generous one'. That, however, was a matter which; lay between the vendor and. himself, and was altogether apart from tho question of incidentals payable by the vendee. It was not correct, .as 'had been alleged by the defendant, that ho'had agreed to waive tho question of .incidental expenses in view of the,amount of the commission paid. ; : ' ■ -. '■• ,-:' His Worship gave judgment for the plaintiff for ,£l6, with costs £2 Gs. Mr. Blair appeared for the'plaintiff; and Mr. Westou for- the (|efandaat. •■'

... .. THE. UNDEPENDED'■LIST. : Judgment' for tio plaintiffs by 'default was given in , the following undefended cases:—James Samuel Evans (by attorney Charles Hayward. Izardjiv. Percy Franks, Sia 3s. Id., costs JC7 7s; s V Aylmers v. Sadie M'Alpine, 135., costs 55.; Public Trustee v. , Alfred Francis Graham, .£67, coeta Gd.; Fleming' Koss v. Brodie and ■ Jl'Millan, MS ads., costs £1 is. 6d.;.Wellington Biscuit Co., LM., v. Georgo Piunock,. £3 Is., costs , 105. , ; W Wiggins, Ltd., v. Eobert Wbitemiin, £2. 7s. .6d., costs 155.; same v. Reuben H. Fiven, £3 .133. 10d., co6ts 10s.; , same v. Charles. H. Smith, £!> .175.: 6d., costs £\ ss. ed.; CM. Banks, Ltd., v. G. Laban Lay, .£5 Us., costs 3s. 6d.; Barber and Co. v. Joseph Edward Frost, £2 os. Bd., costs 105. , ; James Gibson and Hellie Fraaicis Gibsmon v. Carrie Stimpann ,£8 11s. 5d., costs £1 ss.'Cd. JUDGMENT SUMMONSES, Jfl the Judgment ennuaons case WelltagfcfHi Driyore' Industrial Union of Workers v. Bamuel Javvis, the defendant yas ordored the sum of lfe. fid. on or befqra April 28, in default 2t honre' imprisonment. No order was made, in .the case Agnes Tregea v. Henry Mortimer Bertinshaw, claim fee £Vi ss. ESTATE AGENTS SUED. Charies Henry Bird, Frederick Bird, and Kichatd Ernest Nicholls, lepresented by Ifr. Blair, sued Bast and East (Mr. Weddc), for the recovery pf £50 .deposit on tliesijle and purchase of certain lands. The real , contention was whether the defendants were entitled to retain out of the deposit a sum of ,£l9 IBs. for commission, with respect to which.they h'ad filed a counter-claim. The sale and purchase of the property \yas the subject of an agreement between' all the parties, Birds being the vendors, Nicbills the vendee, and East and East, throußh their agent .(W. H. Brewer) the intermediary. The plaintiffs alleged that the defendants, per agent, had represented that they wore authorised to receive, on behalf of Birds, .£SO from Nicholls; or, alternately, that dofendants had received ,£SO for payment to Birds, but had refused to pay. Birds contended that the price of tlie sale to Nicholls was net, and that the defendants had no right to commission. Judgment was given for the defendants, with costs, £1 145., against Birds only. 'Tho counter-claim was withdrawn.

"IMPROPER PRESSURE." , Fleming; Ross (Jlr. Icvyoy) proceeded against Brodie and Jl'Millan (Mt. Anderson) for tho recovery of £1 lGs., money alleged to have b«en paid by the plaintiff to tho defendants under unlawful and improper pressure. Tho defendants, who had stored tho plaintiff's morticing machine, pending its sale, lind, it was alleged, detained an integral part of its fabric when pressing for the payment of money stated to be dno for. storing, thus embarrassing the plaintiff when selling tho machine. The plaintiff oLso sued for JL'5 damages, for Mie detention of tho said integral part of tho machine. Judgment was given for the plaintiff, for £1 lCs.. with costs .£l.

A DRESSMAKER'S CLAIM. Veronica Kidmore, trading as Madame Stewart, dressmaker, Broadway Terrace, sued Mrs. George, of Ingestre Street, for the sum of 16s. Id., amount of debt owing. Judgment was given for the'plaintiff (who was represented by Mr. Miehell), with 6s. costs. Mr. Bailey defended.

POLICE CASES. (Before ■Mγ. W. G. BiddpU, S.M.) A FOOLISH ACT. ISrnest Knight Davis, for whom Mr.Vitzgibbon appeared, pleaded guilty to a chargo of having, on April 11, stolen n. bundle of clothing, valued at £i, from Louis Morris. According to the evidence, the bundle •in question v dropped from the laundry 'delivery vaii, and tho accused, who was linder the influence of liquor at the timoi nicked it up and said that it belonged to him. On his arrival at home, his wife advised him to ascertain tho particular laundry from which the.bundle hnd boon dispatched, and he, following that advice, mado several inquiries with a view to the return of the property. It was subsequently advertised for, and his wife returned it. Under the circumstances the Bench was favourably disposed to listen to counsel's plea for leniency. [ He was convicted and ordered to come up for sentence when called- on, and in the meantime a prohibition order, to have effect in the Wellington and Hutt licensing districts, was ordered to ho issued with respect to him. CHARGE OF FOBGERY. ■■.'-" A man named Sydnev Diamond appeared in answer to a charge of having committed the forgery of a document purporting to be a proposal for assurance, signed.- in the name of one Elsie Elizabeth Simes.' The accused was remanded till April 21, bail being fixed at £75, with sureties of an equal amount. Mr. I O'Leary appeared for tho accused. INSOBRIETY. Two first offending inebriates were convicted and discharged. , ''.'..