MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1233, 15 September 1911, Page 2

MAGISTRATE'S COURT.

. 4

(Before Dr. M'Arthur, S.M.)

NO JURISDICTION

Dr. M'Arthur, S.M., delivered judgment in a case in which Ann Thirkttt, of Oriental Hay, Wellington, proceeded against Elizabeth Curtis, of 30 Pirio Street, Wellington. The plaintiff set out in her statement of claim that on or about March 28, 1011, sho and the defendant entered into an agreement for tho sale and purchase of a dwclliiighouse, the properly of the defendant, situate at Oriental Bar; that on or about April 10 the defendant repudiated the agreement and wrongfully refused to complete it where/or the plaintiff clnimed as genfral damages. The plaintiff also stated that, oh June 8, £it> os. Gd. had been recovered from the plaintiff by Harry Cooper, a oommi.'sion agent, in respect of the sale to (ho defendant.

Mr. Fitr.gibbon represented the plaintiff and Mr. Von Haast the defendant

His Worship said that in the purchase no mention was made of "a strip of land .* subject to a rif/}it-of-w«y," which at onca raised the question of title, which ousts • the jurisdiction of this Court. Ho there- , foro declined jurisdiction. Costs wero ■' allowed tho defendant.

GROCERS' AWAED,

Ernest Alfred Lo Cren (Inspector of Awards) proceeded against tho Wairarapa Farmers' Co-operative Association, Ltd., to recover £10 as a penalty for a breach of the Wellington groers' award, by in every week from April 7 to August IS employing Eric Roy Murphy (as a driver only) in excess of tho weekly limit of l"i hours, exclusive of tho time required for necessary attendance upon horses, and meal hours.

Mr. Weston appeared for tho defendants.

A question was raised as to whether tho Act or tho award prevailed in certain circumstances, and decision was reserved.

BUTCHERS AT LAW.

W. 11. Poole, of Liverpool Street, Weilingtou, butcher, sued Alfred Phillips, .of 31 South Avenue, Wellington, butcher, tor .£2O, the amount of a cheque drawn by tho defendant on the Bank of New Zealand, Wellington, payable to the plaintiff or bearer and dishonoured on present* ment.

Jlr. C. E. Dix represented tho plaintiff, and Mr. E. J. Fitzgibbon tho defendant, Tho defence was that the defendant had given the cheque on' account of tho purchase of a butcher's round, and a horse-, trap, and harness. Tho defendant had rescinded the contract on tho ground that the horse was not staunch.

IJis Worship hold that as tho defendnnt had an opportunity of inspecting tho horse beforo purchase ho had no Tight to stop payment of his cheque. Judgment was given for plaintiff, with costs, £3 12s,

CLAIMANT FAILS.

Sydney • Gough, traveller, Wellington, claimed JCIS IDs, from Alexander Dimdor,o, manufacturer, Wellington, for commission on goods at tho rate of 7i per cent., and, ,£3 15s. freight paid by plaintiff on goods Bold for defendant.

Mr. If. F. O'Learv represented the plaintiff and Mr. E. K. Kirkcaldie the defendant.

During tho hearing the claim for £\5 IDs. was abandoned, and subsequently judgment: was given for the defendant respecting the claim tor freight charges.

DEBT CASES.

In the following cases judgment was en« tared for the plaintiffs by default;— John Wilson v. W. G, Finn, £1 175., costs XI Ss. Cd.; E. H. Kawson v. Michael N. Hops n, XC ss. Gd., costs £\ 3s. Gd.; Wellington Drivers' Industrial Union of Workers v. Wm. Drain, £1 35., costs ss. j f.amo v. Eobt. Brooks, £1 35., costs 55.) Public Trustee (administrator Jno. Gibbons' Estate) v. Archibald Sutherland, .£lB, costs £1 lis. Gd.; M'Loan Bros, vi, Edward Adams, £1 4s. lid., costs 75.; Win. R. Bock v. Hv. Herbt. Hunt, .£lO 10s., costs ,£1 10s. Gd.; J. B. Glarkson nnd'-Co:; Ltd.'j'v;"l'V'tV- Cramer, XlO los*' ; 7d., costs 155.; H. Kahn v. Alexander Kruger, .£3 135., costs 10s.; same v. Geo. Hislop, 195.; costs 55.; J! Myers and Co.; v. Louis V. Moore, £U 35., costs ,£1 10s.: Gd.; Thos. Brown, Ltd.,.v. K. M'Guiro, £1 10s., costs 155.; Levin and Co., Ltd., v. Mrs. C. Preston, £38 lte. 3d., costs £2 175."; Phoenix' Aerated Water Co.,'-Ltd., v. Mrs. C. Preston, £H. lGs., costs £\ 6s. Gd. In the case of C. D. Hargreavcs v. Barney Rhodes, amount for lGs., defendant was ordered to pay by September 28. M. Paramnr was ordered to pay J. Boy. ridge .£lB lis. Gd. by September 28. POLICE CASES. For drunkenness Norah Nugent was sent to the Salvation Army Homo for six mouths, and a prohibition order against her was issued; and Henry Taylor, alias Pegtop, was convicted and discharged. Charles Collins was fined ,£2 for procuring liquor, and was ordered to pay '.21 Is. as.damage done by him to Constable 'Smith's uniform.

William M'Mahon was fined M for com. milting an indecent act.