MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1195, 2 August 1911, Page 3

MAGISTRATE'S COURT.

PAYMENT FOE -TRAVELLING. ' BTHLDING AWARD. (Befcrp Mr. W. G. Riddeli; 8.51.) r • The question of payment of men for time occupied in travelling to and from work in suburban localities was the subject' of a case brought by the Inspector of Awards (It. A. Uolland) against Meyer and Illincrworlh. The inspector proceeded to recover £10' as a penalty for a breach of the Wellington Building Trades aud Carpenters' award. Mr. T. S. Weston, who appeared for : tliß defendants, said that they had a contract at Karori. Under the award they had to pay for the men's time in travelling to work. The secretary of the union had been rung up, ..and asked., how. this ?>ouid be aJj'irlod. Ik> replied that am l-.oiir a day should for. Owing :i a mistake in the elfire, this had h-.r-n taken as .an hour a wtpk. Since then t!i-:> matter had been fixed up. His clients would already lose pretty heavily, as, in taking the job, this point had been overlooked. Under the circumstances ho suggested that there should be a nominal tine.

After hearing-Mr. Holland, his Worship remarked'that the facts were admittccl, and the money had been paid. Tho fault was in the delay in paying. He would accept the statements that a mistake had bean made, and thought that a small fine- would meet tho case. Defendants would ha' fined 10s.

INTEREST ON ACCOUNTS. Tho point at issue in a case in which W. andG, Tumbull and Co. sued L. and J. I'hilp, butchers, was explained by Mr. H. E. Evans (for tho plaintiff), who said that the amount was small, but the question was one of some general importance. It was a question of what circumstances would justify them in obtaining interest on account for.goods. Tho claim was for .£57 Ms., with interest at 8 per cent., less .£3O payments on account with interest thereon, Tho defendants had disputed their liability to pay the interest. Mr. Evans contended that there were two grounds for their claim. Tho first was that there' was a contract, or an implied contract, for the payment of interest, and the second that the law allowed interest.-to bo charged after notice had been given, lie submitted that ho had produced sufficient evidence to entitle him to success on both grounds. Mr. A. Fair, who appeared for tho defendants, applied for a nonsuit. The matter was.merely ono of arrangement. Varying lengths of credit were given to different . customers. Interest was never charged'without a final notice of it being given. In evidonce,:,defendant stated that there had been accounts running for three, four, and five- months before, and interest had not been charged. He dealt with other .firms, and it was not tho general custom to charge interest after three, months. ■ Decision was reserved.

DISPUTED BILL. (Before Dr. M'Arthur, S.M.) Decision was reserved in the case in which James O'Dca, architect, Wellington, proceeded against Martin Kennedy, Wellington,' to 'recover £31 35., the balance alleged to be duo on account' for the preparation of "plans'and specifications of a building: • Mr. A. Dunn appeared for the plaintiff, and Mr..A. Blair for the defendant Defendant denied that the amount was owing. BUSINESS AT HUNTERVILLB. Thomas M'Call, saddler, Wellington, sued P. N. Russell and Co., Ltd., saddlers, Wellington/for .£143 7s. 9d., as damages, payments made, expenses, etc., respecting an arrangement to purchase a business at hlunterville. Tho plaintiff set. out that on or about ii r i 13, 1911, :,ii "> dcfrudanl agreed to sell lum a saddlery business carried on at Hunferville by !•'. J. Petherick, and on August 23, the cash amount agreed upon was paid, and a promissory note for the balance given. .The defendant had failed to give delivery, and was unable to do so up.to and including May 30 when tho p ,n, j rescinded tho agreement. ilic defendant made a counter-claim for -US, special damages, and .£25, general damages, and alleged .that the contract was conditional on the plaintiff employing .I'. J. Petherick as a servant in tho business for twelve months from the date i e r, Ea , ! , e - Tho P laint iff declined to empiay Petherick and abandoned tho contract. ■ S [ r \. A "' sloir5 loir appeared for the plaintiff, and Mr. C. R. Dix for the defendant. -the Case was partly heard, and then adjourned till Thursday. ■ ORDINARY SUMMONSES. In tho.following cases judgment was given for plaintiffs by default:—Mary Ann Perham V. Patrick Gibbons, £1 175., costs as.; Wellington City Council v. Cnas. Frederick Lowman, £15 3s. 10d., cosls

175.; Thos. M'Dowell v. Alice' Boycs, £1 10s. Bd., costs Bs.; New Zealand Snipping Gazette v. Ilavoiock Green, .£2 10?., costs 10s.; Samuel ;ialok v. Herbert irancis, JEGf) 10s. lid., costs £1 25.; W. Pnrton and Son v. Edward Chas Ferris, .£lO lis. dG., costs £1 IDs. (Id., .Maria Thornton v. Albert and Eleanor Lethaby, £W Is., costs £\ Ills, lid.; W. and G. TurnVjull and Co. v. J. Allen, JES 3s. Gd., costs £\ 15s. Gd.; Bunny aind Ayson v. Ellison and Co., lis. lid., costs ss.

Geo. Ritsen was ordered to pay JCI 18s. to Mrs. Alice Doring, on or before August 15, in default three days' imprisonment. William Stevens was ordered to pay ,£3 14s. to Frost and Frost on or before August 15 in default three days' im : prisonmonl. No order was made in the cases Harry Kdw.rrd Gibbs v. James- Eile Read, a claim for .£ls ss. Sid.; and E. Rawson v. Joseph Croft, JCI Bs. CHEAP BOAKD. A MAX PROM HASTINGS. (Before Mr. W. G. Riddell, S.M.) Albert Ernest Kearns stepped into the box to answer two charges of false pretences. On July 6, it was stated, he obtained' board from Nellie Parrish to the value of Bs. 6d., through false pretences with intent to defraud. Respecting July 8, he was charged with similarly defrauding Margaret Peters to tko extent of £3. Detective Brobeig said that Kearns went to Parrish's and represented that he was connected with the "Tribune" newspaper, published at Hastings, and was down, here on business for the paper. On that story ho obtained board. He said that there were eight friends of his coming down from Hastings, and he would like accommodation arranged for them. The boarding-house-keeper went to the « >n£e a { or " ranging for and providing W "he eight. When Kearns was played out at that place, he went to Peters's, -and there told a similar story, except that the number of his friends had been reduced to three. There were three convictions for false pretences against him. Kearns pleaded guilty.' He was sentenced to one month's imprisonment on the first charge, and to three months' imprisonment 'on the second charge, the sentences to run concurrently. ALLEGED THEFT. Kearns was then charged with that, on May 11, at Napier, ho obtained £5 lGs. 4d. from Maggie Gillies in terms requiring him to account for the same to William Arthur Whitcock, and did fraudulently omit so to do, thereby committing theft. . On this count he was. remanded to appear, at Napier on August i. INEBRIATION. The daily batch of "first offenders" numbered three. One was fined half a sovereign, and the oth;r two were each fined ss. • 'William Mylan, was charged with being drunk in Manners Street, and was fined 75., in default seven cays' imprisonment.