LAW REPORTS.

Dominion, Volume 5, Issue 1363, 14 February 1912, Page 3

LAW REPORTS.

FILMS AND PAYMENT,

PATHE BROS- AND THE BIJOU

BOOT STORE JOB

MISS CAVELL & HANNAH & C 0

Ktither on interesting rase was thai in wnicli Dr. M'Arthur gave judgment in tho Magistrate's Court yesterday in it Patho Freres v. tho Bijou Pictures Mil. Pathe Bros, claimed .K9 Is. Od. Tim Bijou Thcatro counter-claimed £'M as damages for alleged breaches of contract.

Tho magistrate said that, according to tho contraot, payment of liiro for fiJins was to bo mado in advance. This part of the contract had not been carried out by Bijou, who had mado only two payments—one- of £V 2 10s. and another of £il 17s. In each case these sums had been transmitted after the payments worn overdue. After tho second payment tlio Bijou Proprietary began to dispute tho fact that the contract had been carried out, alleging that Patho Bros, hail l.ot supplied'films which were new to Bijou "houses." . . . „

In order to bo tenable, this defence should have been raised bel'oro the Bijou Theatre got so much in arrear. \\ bile, no doubt, some of tho films had been previously exhibited, yet (considering tho price 'at which they were supplied, and the fact that the Bijou Proprietary had the opportunity of selecting its own programme) tho Court was of the opinion that Pathe Bros, had carried out their part of the contract. As to the counter-claim, it was not until the Bijou was long overdue in its payments that the Bijou began to object to the quality i-f the programmes supplied. It seemed absurd to suppose that Pathe Bros, should be compelled to continue supplies when they were not being paid. Judgment was given for Pathe Bros, for the full amount claimed, and also on the couuter-claim. At the hearing Mr. T. Young appeared for Path'e Bros: and Mr. P. Levi for the Bijou people.

HOSE CAVELL. "MUST NOT BKEAK FAITH." R. Hannah and Co., Ltd., boot manufacturers, proceeded against Rose Cavell, a shop assistant, claiming 305., in lieu ot one week's notice, and alleging that she had broken a contract to enter the hrm s employment Kvkleuce for Hannah and Co. was to the effect that they had advertised for a saleswoman Miss Cavell was then employed in another Wellington shop. She sought an interview with Mr. Robert Hannah, and agreed to take tho position, taking up duty on a certain date, bubseqnentlv, however, Miss Cavell wrote stating that lier then employer had given her a substantial increase in wages. Ihis kind of thing had been don© before, the prospect of a new position being used as a lever to obtain an increase of salary m the situation already held. Mr E C. Levvey, defendant's counsol, remarked that Miss Cavell had offered to give a week's work and a week s notice. Mr. Hannah, admitted that he had refused the. offer. Defendant, in the course of her evidence, denied having decided to go to Hannah's. What she had really said was that she would see her then employer on the subject. Ho hau advised her to remain with him. His Worship held that a contract had been made. Employees must not break faith. Judgment was entered for Hannah and Co. for the amount claimed as against Miss Cavell. Mr. H. h. Anderson appeared for Hannah and Co.

BY DEFAULT. In the following cases judgment was entered for the plaintiffs by default :-J. M. Jlennie, Ltd., t. Josephine Tcrnll, X 9 Us. 10d., costs XI 3s. 6d. i Wellington Publishing Co., Ltd., v. S. Hunter, .CI 10s., and ,£1 Bs.; John Norton v. M. H. Johnson, X 5 6s. 3d., and XI Bs. 6c.; W. H. and A. S. Ballinger v. Arthur George Jncobsou, X 9 18s. Id. and 10s. j L. Casclbcrg and Co., Ltd., v. Mrs. L. J. Carlson, M Vs. and 10s.; Xutricia Milk Co., Ltd., v. A. Martin, X 2 4s. Id. and 55.; Charles Begg and Co.. Ltd., v. John H. Brooks, 19s. and lis.;" Wellington .Traders' Wncv (assignees of Kempthorne, Prosscr and Co.'s N.Z. Drug Co., Ltd. v. D M. Leckie, X 3 4s. 7d. and 10s.; Hallenstein Bros., Ltd., v. J. Stevenson, XI 19s. 6d and 55.; same v. Philip dc bourn, 10s. and 65.; Emily Bushett v. Charles Young, X 7 ss. and XI 3s. Gd.; Eugene Lau>»ier v. James Bernard Pigott, XI is. and"ss.; same v. Edward Towsoy. XI 15s. 6d. and 55.; same v. Jacob H. Coany,X2 14s 4d. and 10s.; Henry Hughes t. Matt Belk, X 3 3s. and 10s.; Edward Blpomfield v. Arthur L. Scoullar, XlO and XI 3s. 6d. JUDGMENT SUMMONSES. Duncan Campbell was ordered .to pay Henry Bodley X 6 10s. Bd. by February 27; Ed'gar Ward to pay J. M. Ferguson Xl( Os. 3d. by instalments of ss. per week; A. H. Cooper to pay S. Scott X 7 3s. Gd. by February 27; and Mortimer Corliss to pay Laery and Co., Ltd., £2 18s. by February 27. . .

POLICE CASES, (Before Mr. W. G. Riddcll, S.M.) WAS COLLINS DISORDERLY? Jobn William Collins was charged with being disorderly while drunk. He pleaded not guilty. Police evidence was given to the effect that Collins had been in Manners Street at 10.40 on Monday night, and had been quarrelling with' two others. He had been warned, but the scuffling was repeated, and he was (hen arrested. The police alleged, also, that Collins was then in a drunken condition. Collins called two witnesses, and gave evidence himself. They- declared that there was no ■ disorder, but that one of the constables told Collins to "get out of it," or he would "fix" him. Later, Collins received a blow from someone, and a constable then arrested Collins. As Collins stated that he could bring further evidence, the case was adjourned till to-day. CHLNAWABE BROKEN. A" charge cf wilfully damaging two panes of glass, valued at 125., and a set of Chinawnre valued at 305., the property of Minnie Pine, was made against James Joseph Brown. The evidence given was to the effect that defendant had been drinking. He was fined X 3, and ordered to pay for the damage done. OTHER CASES. For breaking a prohibition order, John Redmond O'Donaghue was fined X 2. John Efde complained that John Smith had assaulted him. Mr. Kelly appeared for the former and Mr. O'Rcgan for the latter. Both were employees on the steamer Mararoa. A result of their affray was that one appeared with his head bandaged, and the other with two black eyes. Smith was convicted and ordered to pay solicitor's fee (XI Is.).