MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1137, 26 May 1911, Page 3

MAGISTRATE'S COURT.

"'■'(Before ST Arthur, -S.MJ ■'■ . CIVIL BUSINESS,. THE U NDEFENDED CASES. •'Judgment by default was given- for plaintiffs'"in the following; undefended '"New Zealand Times" Co., Ltd. v. Bertram E. Cooper, £1 7s. 3d., costs -.£1; Alexander Sample v. Frank Keo, £i, costs 10s.; Empire- Loan arid Discount Co., Ltd. v. Xouis Harper Kicft, .£22, costs £3 Is.; Karori -Borough Council- v. Geo. Martland White, .£2 ss. 9d., costs .95.; Thqiiinson Bros., Ltd. v. John Herbert, £3 12s. 7d., .costs' 10s. ;'L. Caselberg and Co., Ltd. v. Margaret Brooking,' £* 145., costs'lqs'.; Jlouat Bro?. v. Arthur M'l/eod, £i IT.--, ll'd.. costs 125.; Novelties,. Ltd. v. Christopher ; Cranc,-i6l }is., costs 55.; Alexander Ross arid Co. v. York and Sons, 12?. 7d., costs 5?:; New Zealand Acetylene.Gas Lighting- So;, Ltd. v.-Jas. Julius Ahlers. £0 12s. ..3d., costs £1 3s. ; 6d.; Richard Keen? and Jas. Eeid t. Chns. Hardius and.Chas. W;;Thacker, «t'« 10s., costs J3 Is.; C...5. and P. Cording.v. Geo, Rowiit.ree, £2 Is. 9d., costs 10s.; Avispn and Williams v. Jos. M'Jljllan. £U 12s. !><i., costs £1 3s. 6d.; Jas. Smith and Sons, Ltd.. v.. John B. Stenhinson,.'.£l 19s. 6d., costs ss:;' Kitfo and ■ Grah'im v. Ernest Li'mbrick, costs 3s. 6d.;'Bing, Harris and Co., Ltd. v. H. List'on,- X2~Bs. 9d., costs 10s.; Hjv North and Co. v. Joe Hari-op; £3 2s. 9d., costs os.; John Edward Jonkinson v.-Pearc'e ahd'M'Arthy, £2 17s. 7(1.,-costs , ss.; Thomson, Lewis and Co. v Wm.-Jnßlis; £1 15s. 3d., costs -£\ 3>: Gd.; Bing, Harris : and Co., Ltd v. Alexander and L. Jlonteith, 6s. 6d., costs ; 55.; Geo Edward XJhurcher v. John Lane, costs

JUDGMENT SUMMONSES . J. T. Harrison was ordered to nnv-P R. BusseU andC'Q. JE32. 185. 8d.,"0n or before June .8, in-.default U days' im-piiEonraent'-in New Plymouth Gaol. : ■ °nfe wa * ' matle in the' - following cases:—tlifton Hy.\ Dickerson v. Walter Read, claim, £1 19s. 11 d; Wellington Citv Counc.lv. Peter M'l)on a ld, claim, £3 Bs.; Sontnern, Sales, Ltd.. v., Alexander Irank Davis, claim, £U~ 4s. Gd. ■, "

CUSTOM ; NQT ESTABLISHED. Reserved judgment was delivered in the enso in .which. A lie® Martin, widow,-dairy farmer, of Upper .HuH, sued Guv, Williams, and' Lake, milk vendors, Elizabeth btreet, Wellington,(trading as the Wellington. Dan-}-. Company)- to recover tiie sum.of .£3l 19s. 5d., alleged to be owinon account of Una gallons of milk sup"plied to, defendants between March 1 and f< 191?- -Mr/ P ,W.: Jackson appeared for plaintiff, and Mr. A. W. Blair for defendants.' . • " Defendants 'admitted having been sup. plied with 10,19 gallons of u.Hk" (instead of 199 gallons), but counter-claimed for £7 ss. Gd., allegipfr that the contract was (according to.'cus.toni) subject-- to a month's | notice on either side, ami that, plaintiff had ceased supplying milk after ono week's, notica only. In consequence of ■this defendants' had (for" three ■ weeks) been compelled to" purchase 40 gallons of milk daily elsewhere. This purchase had necessitated' an increased cost of 2d. per gallon! Defendants therefore claimed such increased cost' (amounting to .£7), and also claimed 5.*. 6d. —the sum paid for repairs to plaintiff's milk cans. In the course of judgment, the magistrate, said: "Defendants-admit plaintiffs claim. There is a difference of a few shillings and pence,-which can be , mutually arranged. There is a. small set-off of ns. 6d. which, in my opinion; is fairly chargeable to.the plaintiff. This brings mo to the coimtci-cl.iim of- £1. The defendants considered that they were entitled to one month's notice on plaintiff ceasing to supply. There was no agreement to that effect, but defendants attempted to establish a custom to that effect. The evidence does not establish that.. there, is any custom in. ■ the trade that notice should be. given .where milk is supplied and received, -as.it -was in the present case. ' In the case of Diiff v. Kyle, it was. held that'the;respondent was entitled to discontinue the supply at any time without notice." , ' '•_' , _ Judgment,.n'as accordingly given for plaintiff' for the' amount claimed (less- n set-off. of, ss.' 6(1.),-' with' usual costs. ■ ',' ' / AY AS'IT SOLD?. ' ■ Charles Wadley. stevedore, of Rintoul Street, claimed' .£25 from Chnxles Beid, hairdresser!' of Torauaki Street, alleged to be due on Account-of a bay horse sole'

and delivered by (he plaintiff to the defendant in the "month of October, 1910. Mr. J. J. M'Grath appeared for the plaintiff, and Mr. T. W. Hislop tor the dePlaintiff alleged that he sold the liorfc lo defendant in October last, and, though ho had made repeated demands tor paj■iienr, ho had not ytt received the purchase money. Tho horse, while in defendant's possession in February last, hart been condemned by a Justice of the leace. and was subsequently destroyed. Defendant denied having purchased the animal, but stated (hat he had it ori i ml from October, and had told plaintiff lhat it would not suit. . .. The magistrate, after hearing evidence, reserved decision.

■ ABOUT A DIVIDING FEN'CE. (Before Mr. W. G. Kiddell, S.M.) Reserved Judgment was delivered in the case in which Charles rlimmer, ot Boulcott Street, Wellington, sued the Hutt County Council to recover the sum of Mb. The amount of claim was made up-of .£25, which was the estimated cost o erecting 160 feet of dividing fence be?ween part of plaintiff's land at P immeron (taken by defendants under the Public Works Act, 1908), and the balance o the land still owned by plaintiff, and £20 damage done by cattle to the shrubs and plants on the above-mentioned lane of plaintiff. • Mr. J.. J. M'Grath appeared for plaintiff, and Mr. Brandon for defend""t appeared that part of plaintiff's land was taken by. proclamation dated ±emuary i, 1910, and, on- July 25, 1910, plaintiff claimed from defendants the sum ot .£346 10s. as compensation for all loss arising out of-taking the land," and the construction'of the public road in connection with it. Before the claim came on for hearing in the Compensation Court, the parties agreed on a settlement under which plaintiff was to-receive £260 in full satisfaction of his claim for JE346 10s. as'compensation for lands' taken, and ot all costs, and claims incidental. "This settlement must be regarded as taking' the place of an award by the Compensation Court," said his Worship, "and, for that. reason, as final between the parties. . . . The position . seems to me to be this: That plaintiff, having agreed to accept .£260 in full settlement, of all claims for loss of land and severance, must (unless : otherwise agreed upon), erect the required fence himself. He has not done k>, and the damage to his shrubs has resulted through his being under tho belief that the fence referred fo" should, have been erected by the defendant." : Judgment was.accordingly Riven for. the defendants, with solicitor's fee .£2 ss. "THE,ARGONAUT" FOR TWO YEARS. C. S.' and P. Cording, booksellers, Wellington, claimed ,£3 lls. 6<l. from A. H. Hindmarsh, solicitor, Wellington, alleged to be owing on account of the magazine "Argonaut," supplied between July. 1908, and - December, 1908. Mr. S. J. Moran appeared for , plaintiffs, and defendant appeared in person. Defendant stated that he had not re-ceived-complete copies of the magazine, and that, though he had disputed the account about the middle of 1908, the magazine was delivered till the end of the Hi's Worship, after hearing evidence, remarked that the. demands for payment had been very irregular, but defendant had not objected to pay for the magazines up -till the-middle of 1908. Judgment would bo for.plaintiffs for £2 125., cost of the magazine for two years, and costs 6s. : ■ ' . . ■ ..CLAIM FOR, GOODS SUPPLIED. G. W. : Wilton and Co., Ltd:,' Cuba Street, Wellington, sued Charles W. Stephenson, mechanician, Wellington,, to re-, rover the sum of .£2 Is.' 7d., alleged to bo due to plaintiffs by , defendant for goods'ordered and indented by the plaintiffs in April, 1910, as agent for tho defendant. Mr. Kcilsen appeared for plaintiffs,'and'Mr.' A'.'H: Hiiidriiarsh for defendant. . i' j i ' It appeared that , the goods included some brass balls, and that defendant had refused acceptance,, alleging (hat the balls were not round,-and that in the metal of , which- they were composed there were flaws, which rendered them unsuitable for the purpose for which they were intended. After hearing evidence, the magistrate was of opinion that plaintiffs had deliv-. eredthe order in accordance with their instructions,' nnd judgment was accordingly given for plaintiffs for the amount claimed, with costs totalling £1 13s.

POLICE CASES. Only two police cases camo before the magistrate yesterday morning. . Caroline Smyth, charged with drunkenness, was declared an habitual inebriate, and was ordered to be placed in the Inebriates' Home at Pakatoa Island for one year. One first-offending inebriate was convicted and ; discharged. . -