MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1096, 7 April 1911, Page 3

MAGISTRATE'S COURT.

A PARIS MODEL. REQUIRES CAEEFUL HANDLING. (Before Mr. W. G. Eiddell, S.M.) A rather interesting case came on at the Magistrate's Court yesterday, when Kirkcaliiio and Stains sued Charles I'. Page to recover the sum of .£l2, value of a costume sold to defendant's wife. Mr. K. Kirkcaldie appeared for plaintiffs, and Mr. T. M. Wilford for defendant. Mr. Kirkcaldie stated that Mrs. Pago had called at the shop, had been shown tho gown, and, on calling a second time, had asked that it be set aside for her. She called a third time and accepted the costume, which was duly deliveralto her. bho wore it at tho Wellington races one day, and afterwards came back and declared that certain of the trimmings were perished, and that she could not accept it as it was shop-worn. Counsel contended that it would be intolerable it people could take away articles, use them, and then return them, and the shopkeeper have no redress. He would call evidence to prove that the costume was in no wise perished, and that it had only been in stock about three weeks Mr. U ilford admitted that the gown was sold to Mr*. Page, and worn at tho races on one afternoon. Evidence given by two employees of tho costume department at Kirkcaldie and Mainss establishment was to (he effect that the dress left the shop in good order. Its original price was £\£ 125., but w -?ü ße > Wns P romi «tl a discount of Us The dress was of delicate material, and required careful handling. It was a Paris model made up, and the trimmings were of Oriental embroidery on a foun--dation of chiffon. When it was returned to the shop part of the trimming was damaged I lie firm had never agreed to take it back, and had not admitted that it was perished. But it was agreed to repair the trimming, and this had been done. Tho dress may have been damaged m the crush at the races, or through "defendant sitting down. William iUrlcer, warehouse expert, after examining the dress in Court, declared that the material was not perished. Mr. AYiltord, lor the defence, remarked hat Mrs. Page did not refuse to taKe the dress, but blip wanted to pay only n lair price for a damaged dress Mrs. L. K. Page, wife of Chas. F. Page, stated in evidence that she had travelled to and from the races in tho train, but had only sat down once at tip racecourse That was at luncheon. When she took tho dress back to plaintiffs'shop, they admitted that it was perished and agreed to renovate it, and make a reduction in the price. Witness had been satisfied with that arrangement. The Magistrate, in giving judgment, remarked that defendant s wife had admitted, inspecting fho dress before purchase agreed to the price, took delivery and wore the dress to the races. Tho coocts were of fragile nature, and defendant'* wife must have known that they required careful handling, and she must take, tho consequences if that fragile material had become damaged. It was denied by both

assistants, and by the expert, that (he material was- perished, and his Worship had no rcaspn to doubt them. Judgment would be for plaintiffs for the full amount, with costs totalling £2 ISs. UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following midofcndcil cases—Edward Anderson and Co., Ltd., v. h. Harris anil Co., k.il Os. 3d., costs £1 35.; Anton M. S. Namiestad v. William Walker, J:JB Bs. Bd., costs JIl IDs. Gd.; Tanner Bros., Ltd., v. 11. A. Richards, .El 18s. 6d., costs Us.; Henry Morgan v. Arthur Henderson, ,£l3, costs £1 10s. Gd.; Harry Baker v. Arthur Alexander Mitchell, j;5 55., costs £1 3s. Gd.; \V. Cools and Sons v. Leonard F. Armstrong, J;t 11s. ftl., costs 10s. JUDGMENT SUMMONSES. Charles Korpneho was ordered to pay .£3 17s. f)d. to Sydney Dromgool in monthly instalments of ss. James E. Bead was ordered to pov to the Matthew Trustees Ml Is. Sd. bj : instalments of 20s. per month. No orders were made in the following cases:—Rouse, Hurrell and Co., Ltd., v D. M'Conib, a claim for .£lO 2s. Gd.; Briscoe and Co., Ltd., v. Isaac Clark, .£2 13s Gd_.; Bennett and Keady v. J. J. Moore, <£7 13s. 6d. POLICE CASES. A SERIOUS CHARGE. Annie Peterson was charged with using an instrument on March 11 with intent to procure abortion. On the application of Detective C'assells, accused was remanded until Wednesday next. Mr. A. L. Herdman, who appeared for accused, applied for bail, which was fixed at .£IOO, and two sureties of .£,50 each, or one of .£IOO. WITHOUT PAYING HIS FARE. John White, who admitted travelling on the Mooraki between Sydney and Wellington, without having "first paid the fare, was fined M, tho amount of the fare, in default one month's imprisonment, SENT TO. PAKATOA. Frances Mnrtin pleaded guilty to a charge of drunkenness, and to a further charge of procuring liquor during the currency of a prohibition order. This was t!i? seventh breach of the order, and accused was derlared a habitual drunkard, and sent to the Inebriates' Home at l'akatoa for one year. • OTHER CASES. May Tanner, alias Coulson, alias Jlerrett, for whom Mr. P. W. Jackson appeared, was fined 405., with tho option of seven days' imprisonment, for procuring liquor during the currency of a prohibition order, and, on a charge of drunkenness, she was convicted and discharged. ' On charges of drunkenness, John Georgio Fleming and Patrick O'Neill were each fined 10s., with the alternative of 48 hours' imprisonment Jean Dalziel, for a similar offence, was fined 10s., in defanit 24 hours' imprisonment. John Naylor, and two first offending inebriate's, were fined ss. each, with the option of 24 hours' imprisonment, and two other first offenders were convicted and discharged. John Sabin, a duly articled seaman on the Rnahine, was charged with absenting himself from his ship without leave. Accused was not in a fit condition to appear, and a conviction was consequently recorded, and an order mado that he be placed on board the vessel, and that he should defray the costs of prosecution.