MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2222, 7 August 1914, Page 9

MAGISTRATE'S COURT

SEIZURE OF STOCK A TANGLED CASE, A civic action involving the seizure and sale of stock covered by a bill of sale was. heard by Mr. W; G. Riddell. ,S.H. . Sir Kenneth Douglas,.. solicitor, . proceeded against the South Pacific Mortgage and Deposit Co. for the sum of .£l7 103., the value of stock alleged to have been wrongfully sold. The statoment of claim set forth that about March 23 'of this year the defendant bargained, and sold to the plaintiff'.certain goods, chattels, and stock, possession whereof was given to- the plaintiff on that and by a sale %iote and receipt, datedi'March 23. On June 8, a portion' of tli« stock (three cows) included in the sale made by, the defendant to plaintiff were seized and taken possession of by the bailiff of the Magistrate's ■ Court, acting under execution, in an action, Dalgoty and Co. v. Hasler. The plaintiff lodged an interpleader case in respect of such stock) and at tho hearing of. the interpleader proceedings, after evidence had been ; given by H. Bird, secretary to the dofendant company, the Court held that the present, defendant had no .title,to the':stock seized by the bailiff, and could not therefore sell the same to-tho plaintiff. . Judgment was accordingly given for Dalgety and Co., Titd., the then plaintiffs, in.that, action. The plaintiff had,, in order to protect himself from further damage, costs, and expenses, been compelled . to repurchase tho stock from tho bailiff, and to pay the sum of .£l7 105..; as purchase money. Wherefore the plaintiff claimed from the defendant the sum of .£l7 10s., value of tho stock wrongfully sold to plaintiff by the defendant, and for which the defendant had no title, and 175.. 6d.' costs' and disbursements incurred by plaintiff by.reaso.n of having to interplead in the action of Dalgety and Co.. v.'Easier; or in the alternative the plaintiff claimed the sum of ,£lB 7s. 6d., for damages suf-' fered by* the plaintiff by reason of the wrongful siile by the defendant, .and of; their seizure'by the.bailiff. '//' ' ■After hearing-Sir Kenneth Douglas, who appeared on his own behalf, and- Mr. F. P. Kelly, who appeared for the defendant company, His Worship reserved jiidg,ment.' OTHER CIVIL CASES. ■ William Qattrall, driver,, sued J.' J., Cuntis and Co.,Jjtd., for. £3-1 125., being one week's wages in lieu of notice. Up. to June 27, plaintiff wasa driver in the employ of the defendant company. On tint date he was ordered to work a horse with a' sore shoulder, and in. his refusing, to' 'do so was, .he, alleged, wrongfully and unlawfully dismissed.. After hearing the. evidence, Mr. Biddell, S.M., gave judgment for the plaintiff, and costs.- Mr. 8... J. I'itzgibbon appeared for the plaintiff,; and Mr. H. F. Von Haast for the defendant obnrpany.' ' , • ■ „ ■ Fredericlc Weebnan, hairdresser,; eueu Edward Knowsley, hdirdresser and conist, for JE3 damages in connection withan engagement for; employment. The Magistrate (Mr., D. G. \A. Cooper) gave' judgment for the deferidaht .with costs £2 9s. Mr. J. F. W. .Dickson appeared for plaintiff, and Mr. H. E. O'Leary for' tho defendant, . Reserved decision was delivered by Mr.. W. G. Riddell, S.M:, in the caso in which Harcourt and Co. sued ft. Wallace, senr/. farmer, for .£22 10s., commission on the sale of a freehold property.belonging to the defendant. The plaintiffs were .authorised to sell the property, and they submitted that they were responsible for effecting the sale. The defendant admitted that he had authorised plaintiffs to sell the property, but had at a later dato effected the sale himself. His Worship considered that the plaintiff's .introduction of the property to the purchaser waa the efficient cause in bringing about the sale. Judgment would be for the plaintiffs for the amount.claimed, with costs. i! 8 lis. ' Mr. W. J; Sim appeared for tho plaintiffs, and Mr. W.F. Ward for the defendant. i - . Frederick Wni. Stokes, traveller, sued Oscar Hewitt and Co., sewing machine agents, for. £2 10s., commission alleged to be due by defendants to plaintiff in re; spect of tho. sale of two sewing machines. After .hearinr?. the facts, tho Magistrate (Mr: W. G. Riddell, S.M.) gave judgmentfor the amount claimed- with costs. Mr. E. J. Eitzffibbon appeared for the plaintiff, and Mr. H. A. Cunningham for defendant. ''''■•.-. > DEFAULTING DEBTORS. Judgment for .plaintiff'-by .'default was. given by Mr. W. G. Riddell, S.M.-, in the lollowiug.cases :—Daigety and Co., Ltd., v. David O'Hara, 12s. 6d., costs M 10s. 6d-.;. Commercial; Agency)- Ltd., -v. B. 'Jones, 5d., costs 175.; G. Fernan-. Dos v.- D..M. Miller, £1 Bs., costs 55.; Vacuum Oil Co./ Ltd., v. Decgan and Brennaii, J27 2s. sd„ costs ,£1 3s. 6d.; Welling: ton Publishing Co., Ltd., vi S. R. Stewart, £1 Ss.,' costs,ss.; Paul and Barraclough v. J. W. Williams, £5, costs £1 Os. Gd.'; C. Pratt and Co; v. J. C.'M'Kay, iB3S Cs. 10d., costs £'i 14s;; John James Firth v., Yo Quinn, ,£2 12s. 6d„ costs £1 10s'. 6d.; John James Fifth v. Thomas H. Brown and Elizabeth Brown, .£l3, /costs .£1 Is.; Claude D. Henry v. C. W. Rothnio, £2 25., costs 195.; Nelson Mouat and Co. v. Arthur T; ahd Jeannie Whale) £3. 10s. 2d;, costs 10s.; L. C. Kohn v. Mrs. J. A. Cotter, .£l7 . 35., costs £1 10s. 6d.; Voitch and Allan v. H. Dounes, .£127 15s. 5d., costs 3s. Gd.; M'Leod, Weir, and Hopkirk v. H. Dounes, .£25 Ss. Id., costs J32 Ms.; Barber aud Co. v. Chas. J. and Alice Lansdown, .£5 lis., costs £1 6s. Gd.; F. Larway v. J. Rapley, £1 10s., costs 55.; Commercial Agency v. Mrs. Flora Wilkinson, „£l 155., costs 55.; John Murray v. Thomas ■ Johnston, £2 165., costs lis.; Howard Spademan v. Fergus O'Sullivan, .£5, costs £1. os. Gd.; J. Da Silva and Co. v. Miss K. M'Padgen, .67 15.i., costs £1 3s. Gd.; Fulton and Co. v. K. F.. Andrews,'.£l9 Is; ld. ! . costs £1 Us. Gd.; James S. Jameson v. Wm. E. Barray, £15, costs Xl'ss. Gd., .and possession of tenement. ' JUDGMENT SUMMONSES. ' ' Charles Dicks was ordered to pay Hcnr,V Brown i£2 45., before August 20, in default three days' imprisonment; A. Lister to pay W. B. Summers £G 19s. Id. before August 20, in default seven days' imprisonment; J. Callau to pay Mary Sharpc M Ss. before' August 20, in default lour days' imprisonment; G. C. Osborne to pnj- W. Veitch £U before August 20,' in default fourteen days' imprisonment; E. P. Bullot to pay Alfred H. Arthur ,£3 18s. Bd. before, August 20, in default four days' imprisonment. POLICE CASES. Mr. D..G. A. Cooper, S.M.; dealt with the police cases at yesterday's sitting of the Magistrate's Court. John Grant, who was charged with failin2 to provide for the maintenance of an

lllogiLiinntb child, was, on the application of Mr. H. F. O'Leary, remanded till today, with a view to a settlement being arrived at. Bail was allowed in tho sum of £59. Helen Sullivan was ordered to pay 45., the value of a window which she wilfully broke, and witnesses' ospenses Bs. She was convicted and discharged for drunkenness. For insobriety, William Quinn was sentenced to fourteen days' imprisonment.Susan M'Laughlin was. fined 405., and three first offenders were convicted anil discharged. •