MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1243, 27 September 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. Jl'Arthur, S.M.) THE INSURANCE MAN. UPHELD AGAINST HIS COMPANY. "INEQUITABLE WAY OF ITXISHING THE SINS 01' THE PREDECESSOR ON THE SUCCESSOR." Reserved judgment was given by Dr. M'Arl'hur yesterday in a case in which tho Colonial '.Mutual Life Assurance .Society, Ltd., sued \V. !•'. Claxton for tho suni of £11 Us. lid. This, it was stated, was not an action for tailing to account for moneys. Under an agreement Claxlon had been held responsible lor business introduced by himsolf and also for business which he had been required to tako over from his predecessor.

"Thus," said his Worship, "it may turn out that the defendant may have bseii successful in keeping alive all the business introduced by hir.:so!f, but lapses in business by his predeefsror may not only swamp all his earnings, but , may put him into considerable debt to his employer. It seems that the defendant, after "the ■end of March, began to meet with lap?e; of business introduced by his predecessor. In three months' time these laps;?, and some small charges had amounted to £\ 12s. Sd., as against 17s. 2d. earned by defendant. There had also boon some few hpsos of the defendant's own busine;?, which he could ba fairly charfred vish, but by far tho majority of h'.pr-c.-. had reference to business which he had not introdrcod. The difference l;e----tv.'cen his debit to the company and his earnings amounted to 15s. Gd., which was against the defendant. According to the rules of the sociciy this debit is multiplied by 15, thus landing the defendant in debt to the company to Iho extent of .£ll Us. (id., for which sum the society sued defendant.

"Had defendant's debit been duo on his own business tho claim would have been fair, and equitable, but as he was compelled to take over business which ho had not introduced, and which was bad. liis Worship could not say that the plaint id's should save themselves from loss by mulcting a new man who was compelled lo take over business which he did not , introduce. . . . It was a most inequitable way of pitnisliinpf the sins of the prodpcpssir on the successor. Judgment would ba for the defendant with costs. Mr. Samuel appeared for the Colonial Mutual Tjifc Assurance Company, and Mr. Pitngibbon for the defendant, Claxton. HOKOWHENITA MEAT COMPANY. The Horowhenna Farmers' Meat Company and James Macintosh (its liquidator), plaintiffs, claimed to recover from George "Walton Dickinson the sum of JC2OO, as call on shares. Plaintiffs also claimed interest at the rate of six per cent, on the .£2OO from April 27 till judgment or payment. » It was' further claimed that the defendant had wrongfully retained possession of and used and occupied the premises of the company from the date of the liquidation of tho company, viz., May 12, 1911, and had refused to deliver the same to tho liquidator. until ordered to do so by the Supreme Court of New Zealand. Tho liquidator therefore claimed the sum of ,£SO as damages. Mr. E. G. Jellicoe appeared "for .defendant, and Mr. C. li. Morison for plaintiffs. Judgment was reserved. EXHIBITION ECHO. A caso concerning a quantity of But tcrfly Coft'eo was heard by Dr. A. M'Arthur, S.M., when Tasman, John, Chamberlain, Guvr, carrying on business under the title of J. A. Smythe and Co., sued J. Godber and Co. for £6, alleged to bo due for coffee used at tho Coronation Exhibition. Plaintiff alleged that in or about May, 1911, Godber and Co. agreed that (on consideration of the plaintiff giving them Butterfly coffee to the value of .£6 for uso at the Exhibition) they would uso no other coffee in the tearoom, and would permit the plaintiff to hang a notification that only that brand of coffee was used by them (Godber's) at the Exhibition. Plaiutiff contended that defendants had failed to perform their part of the contract. Mr. P. H. Putnam appeared for plaintiff, and Mr. A. L. Herdman for defendants. After hearing evidence, his Worship gave judgment for defendant (Godber's), with solicitor's fee .£1 Is. UNDEFENDED CASES. Judgment by default was given ft* plaintiffs in the following undefended cases:—A. E. Biidd and Co. v. Heywood Armstrong, .£2 105.. costs £1 Is.; David M'Crae v. Chas. Wetherall, £33 75., costs £i 175.; Chas. Hy. Osmond v. Douglas Hollis, .-£5 11s. Gd., costs JEI 3s. Gd.; Public Trustee (as executor in the estate of E. G. Colquohoun) v. Geo. Fernando?. X' 3 25., costs 10a.; E. Kawsou r. G. C. Highct, £1 11s. 6d., costs 55.; Jas. Tlios. Harri3 v. Jv B. Wclsby, £i 2s. Gd., costs G?.; Smith and Smith, Ltd., v. Astoa Bros. .£57 ]9s. 2d., costs'JSi 18s. 6d.; A. a,nd T. Burt, Ltd., v. Frank 11. Richards, £92 13s. 4d., costs .€1 11s.; Smith and Smith, Ltd.,'v. Wm. Lawry, 10s. Gd., costs as. JUDGMENT SUMMONSES. D. Twohill was ordered to pay ,£8 4s. to tho South Pacific Mortgage and Deposit Company, Ltd., on or before October 10, or undergo seven days' imprisonment. In tho case of C. and A. Odlin Timber and Hardware Co., Ltd., v. John Lusty, n claim for .£ll 3s. 3d., defendant w.is ordered to pay amount by instalments of 10s. weekly. NO ORDERS MADE. ■ No order was made in the following cases:—Frederick T. Bowerbank v. Robert H Craig, a claim for £a 75.; South Pacific Jlortgage and Deposit Co. v. Patrick X. M'Grath, .Cfi 75.; M. P. Spiers v. T. Hill and Sons, .E2t 10s. Gd. CLAIM FOR FEES. (Rpfnrr Mr. \V. (.!. liiddell. S.M.) llefore Mr. W. <i. Rifldell. S.M., 'Richard S. Uounthvaite, civil puginscr, Williß Stre«tj i>roc«ded pgainst James Hutchin,

managing director of the Stewart Timber Company, Ltd., Wellington, for ,£2-1 Is, ocl., fees alleged to be due by defendant to plaintiff for work done between Hay 17, ISO", and July 5, 11)07. Mr. E. C. Lowoy appeared for plaintiff, and Mr. A. S. Menteath for defendant. After hearing evidence, his Worship reserved decision. POLICE CASES. (Before Mr. W. G. Hiddell, S.M.) INSOBRIETY. One first offender for drunkenness had his bail (10s.) ejtroatcd. For a similar offence, William Severn, who did not appear, was mulcted in a penalty of 205., in default 4S hours' imprisonment. BREACH OF PEACE. Frank Ruddy and John Hackett wore charged with having used threatening behaviour in Courlenay Place on the evening of Septemlrer 2.1. Hackett pleaded not guilty, but was fined 10=. and witnesses' expenses (Ss.), in default seven days' imprisonment. The ease against Ruddy was dismissed. THEFT OF OILSKIX. Jeremiah Clark was charged with steal, in" nn oilskin coat, the property of Joseph Hayvice, and valued at JH. After evidence had been taken, the accused was ordered to come up lor sentence if called upon. INDUSTRIAL CASE. Dr. A. M'Arthur, S.M., delivered his reserved judgment yesterday morning at the Magistrate's Court in the case in which the. Inspector of Awards (Mr. E. A Le Cren) claimed to recover from the w'airarapa Farmers' Co-operative Association, Lid., (ho sum of £10 as penally I for nlWod breach o! the Wellington Oru- 1 cer*' Award of -March 21, 1309. The judgment was for defendants, with cost« .El Is. . , . , . ~„. , ! Mr !Var-im appeared for pmnhfl ami i Mr 'WeMon for defendant i-oinpaiiy. I