MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1191, 28 July 1911, Page 3

MAGISTRATE'S COURT.

> (Before Mr. W- tt. Uiddell, S.M.) Tor being 'found drunk Albert Whyte and Wilinui: Mvlon were each fined 10s., 111 defeult 'IS hours' imprisonment. A first offender lost the amount of his bail, 10s. Harry Pcarce, professional athlete and teacher of physical culture, was ordered to pay Ts. a week towards the support of Jiis illegitimate child. His Worship stipulated that .£SO security should be found.

CIVIL BUSINESS. (liefon- Dr. M'Art'nur, 5.M.) , In the. following cases judgment was given for plaintiffs by default:—E. W. Mills and Co.,' Ltd. v. Grocbv Bros.. ,£35 Ills. 6(1.. costs £2 Ms.; 11. L. Ifeod r. Frederick Leslie Howard. .£1 13s„ ,cosls 75.; Fordo and Co. v. Kicjiard Full-brook, .£2 costs 10s.; "New Zealand Times" Co.,' Ltd. v. Evenson, .C 3 IDs., costs, 135.; same v. D. lf.'lVior, ,£5 Ss. -Id., costs XI 3s. Gd!; Cadbury Bros., Ltd. v. J. Palmer, .£2 ISs. Gd., costs lis.; ]!. and E. Tingey and.C<i.,-Ltd. v. Arthur Edwards, .£2 lis], costs lis.; W. 11. Nash v. John Sutherland,.,!;!) ss. 9d;, eels .£1 3s. Gd.; Edward Anderson and ('<».. l.(d. '• Black, ,£1 2s. Gd., costs (is.) Schnedoinan Bros. v. C. A. Scott, costs 10s.; Donald I'oberlson. v.. Walter Axe. l-ju-iinm. 3s. 5d., costs ss.'; The Wellington Publishing Co., Lid. v. L". Dak's, ,ClO 5s costs JM'iis.' fid.; same v. Mrs. E. Flvnn, .£3 ss. lOd., costs 5;. Frank Morton w:,s ordered to pay .£2 las. to Miss.ll.' Moore on or before August 10, in default, three days' imprisonment: E. W. O-llivor was' ordered lo pay JM 2s. 4d. to F. E. Green on or beforo August 10, in default three days' imprisonment. George Haigh, builder's clerk, sued Jas. M'Goldrick, of Waingawa ileal. Works, for Urn recovery of .£5. alleged to have been lent and rof.- repaid. Mr. lloggard appeared for the plaintiff, and Mr. E. ,1. Filzgibbon for the defendant. Tho defence was that the money was net'a loan but mou?y paid la respect of a purchase

transaction. I'laintiff was non-.-nitcil. Solicitor's cojt?, .£1 Is., were allowed. Jmk'inenl was given by Dr. M'Avlhur in tile case in which David Clark, wilt, Manner.-, Street, in-cicceded against Amy S. JJarrci'lottsh, .Myrfle Crescent, iirnprietor ill' tlio Herbal Proprietary, I'ar i'.ili ]s. J| was alh-SPiI thai llic amount \v;i- owins for sc.rviees rendered in pullins rijhl (lie books of the business. A connler-elaim was made by the defendant for ,t3O 15s. Id., which money, it was allowed, had been received by defendant for plaintiff, and had not been ncoonnted for. In his judgment, his Worship said that, neither in keeping the boohs nor in fulfilling any other dnti-.s. did the plaint iff appear to have carried out his duties in a satisfactory manner. A certified accountant had slated that the accounts had no' h??n properly kept, and could have been so kept at from .nil to «£ls per annum. In his Worship's opinion the defendant had not only been amply paid for any services which he may have rendered, but. had been greatly overpaid, and, therefore, his claim would fail. Judgment: was for defendant on the counlor-claim too. Since, the hearing of tho case.it had been Mated that plaintiff is applying for a. rehearing. 11l a. case, William 11. Turnbull and Co., Wellington, Jand and estate agents, v. Alfred Coles, Hutt Road, I'etone, sctI'ler, the plaintiffs claimed 12s. Gd. for tho work, journeys and- attendance of thf plaintiffs performed for tho defendant at his request as commission agents in the sale to one S. A. Cope, ■ for the sum of ,£825, of Section I, Block IV, Wnitca lioad, Hata.itai, the property of tho defendant; namely, a commission at the rato of S per cent, on the first ,£2OO, and 2! por cent, on the balance of the purchase money, being the usual and agreed rate of commission. Mr. A. Blair represented the plaintiffs, and Mr. J. J. M'Grath .was for the defendant. •After one witness had been partly heard, the case was adjourned till Monday.