MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 861, 6 July 1910, Page 5

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr. W. G. Riddel], S.M.) Samuel Fa boy Dunning appeared in answer to a charge that, on July 1, at Karori, ho did steal from the dwelling 'house of Daniel Smith a. South African, medal, thirteen ties, three brushes, a cap, a. looking glass, and a tio pin, of the- total value of £6 2s. 6d. Tho articles mentioned were the property of Thomas Hope. On the application of Chief Detective. Broberg, accused was remanded until this morning. William Morrison pleaded not guilty to having no lawful visible means of support. The police evidence was to the effect that accused had for some, time past been frequenting tho hotel bars of To Aro endeavouring to obtain free drinks, and also that he had been keeping company with halfdrunken men. Accused, who had previous convictions against him, was sent to gaol for three months. Carrio Corbett, with over fifty con-, vidians, thirty-seven of which wore for drunkenness, the rest being for vagrancy, bad language, and theft., was charged with having on the previous day liwd improper language in Taraaiaki

Street. Accused pleaded not guilty. After hearing the police evidence his Worship asked afccused if she had anything to say. Accused replied that she was very sorry. She appeared to have led a hard life, and the magistrate, after considering the case, decided to give her a chance to reform, and committed her to the Salvation Army Home for six months.

Cecilia M'lntosh, twice previously convicted of insobriety, was fined £1, with the option of seven days' imprisonment.

Three first offending inebriates wore i.'om-ictod and discharged, while another delinquent was fined 10s., in default 'twenty-four hours' imprisonment.

CIVIL CASES. THE UNDEFENDED LIST. (Before Mr. W. R. Hascldcn, S.M.) Judgment was entered for plaintiffs by default of defendant in the following cases:—Fred. T. Bowerbank v. Albert Langkow, £5 4s. 6d., costs £1 9s. 6d.; Wellington City Council v. Roxanne Victoria Dibloy, £10 9s. 2d., costs 18s.; Stewart Timber, Glass; and Hardware Co., Ltd., v. Herbert Boggey, £11.135. Id., costs 205.; Edward Joshua Riddiford v. George Hcarfield, £6 65., costs £1 6s 6d.; James Spiccr and Sons v. Frank B. .Eiyvett, £30 6s. Bd., costs £2 145.; Empire Loan and Discount Co., Ltd-, v. Frederick Fairbrother, £42 ]os. 5d., costs £2 145.; Wellington School Commissioners v. Lewis William Wilson, £3 15s. '6d., costs 125.; G. Hardt and Co., Ltd., v. John E.' M'Leau, £10 ,7s.' lid., costs £1 10a. 6d.; Frederick George Routh ,v. Australasian Sales Agency, £11 7s. 6d., costs £1 10s. 6d.j J. Levy Lennard v. William Stanley, £86 14s. 7d., costs £4 135.; Bates and Lees v. C. TI. Anderson, £10 13s. 6d., costs £1 10s. 6d.

JUDGMENT SUMMONSES. In tho judgment' summons case ' ot Andrew Avisou and Henry W r alter Willins v. R. S. Gilkinson, claim for £32 6s. 3d., defendant was ordered to pay the amount on or before August 2, in default one month's imprisonment. No orders were made in the following cases:—Gear Meat Co. v. W. Gi Whito, a claim for £3 7s. 7d.; same v. Thomas William Macaulay, £o 3s. u'd.; samo v. William Low, £4 7s. Gd.

LEATHER TRANSACTION. Reserved judgment was given in tho caso of Edward M'Ginty, commercial traveller, v. Granville Hunt, merchant, a claim for £43 10s., balance of commission alleged to be due on certain sales of leather effected by plaintiff for defendant. Tho statement in defence was that the goods in respect of which this commission was claimed had not been delivered; and that plaintiff had given a receipt in settlement. . His Worship held that plaintiff was entitled to judgment for the amount of the claim, less £5 which he had received, as ho alleged, for' travelling expenses, but. about which his /Worship had some doubt. Tho receipt signed by plaintiff, his Worship thought, did not cover the two and a half per cent, commission duo on'delivery of the goods, nor was delivery to be dispensed with .by tho act of defendant in refusing to fulfil the orders after ho had accepted them. Judgment was accordingly entered for plaintiff for £38 10s., with costs £4 4s. Mr. Levvey, for defendant, asked whether his Worship would give a more particularised judgment in writing, stating the-reasons for his decision. His Worship replied that judgments in tho form in which ho had delivered this ono were usual in such cases, and there was a consensus of - opinion among members of the legal profession that such judgments were most ' suitable. He was not prepared to traverse again each particular item of evidence. Mr. C. R. Dix appeared for plaintiff.

"DEFENCE SOMEWHAT LAME." W. J. Parsons claimed from John Rassmussen the sum of £15 18s. 6d. as 'balance of account for joinery work in connection with the building of a house. Mr. H. L. Machell appeared for plaintiff, and Mr. Willis for defendant. The question was whether the contract was for £3S 10s. or £45 ISs. 6d., and its settlement depended on tho oath of plaintiff as against tho oaths of defendant and his manager. Defendant's counsel relied upon the fact that defendant was a foreigner, did not understand tho English language, and was liable to become excited. Defendant in giving evidence, however, stated that ho went to England when ho was nine years of age, and had been nineteen years in New Zealand. His Worship ruled that the defence was somewhat lame, and gave judgment for plaintiff for the sum of £22 Is. 6d., which included costs and witnesses' expenses.

A CHEF'S-CLAIM. C. Hansen, a chef, proceeded against Robert Yarrow; restaurant-keeper, for the sum of £1 105.," a claim for two days' wages at 455. a week., and two days' wages in lieu of notice. Mr. A. H. Casey appeared for defendant. The claim arose out of an alleged summary dismissal, and it was contended by the defence that plaintiff had received warning for irregularities on three separate occasions. Judgment was given for plaintiff, with costs 6s.

MAINTENANCE CLAIM. A further rehearing of the case of Annie Maria Baker v. Herbert James 'Baker, a claim for £65, alleged to be due on a maintenance claim, occupied tho attention of tho Court for overman hour. After hearing evidence hisvWorship reserved judgment for a week. Mr. Gray appeared for plaintiff and Mr. Blair for defendant.

, OTHER BUSINESS. ' In the case of William 'Brady v. Catherine Cain, a claim for 55., alleged to bo due in respect' of signwritiug work, judgment was entered for defendant. Mr. C. 8.-Dix appeared for defendant.