MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2599, 22 October 1915, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS

RESPONSIBILITY FOR DOCTOR'S FEE

, r ' Riddel], S.M., presided at the civil sittings of the Magistrate's Court yesterday morning. Among tho cases for hearing was one in which Dr. 1. Mackin sued F. F. Dakin, proprietor of the Princess Theatre Hotel, to recover the sum of £2 2s. for medical attendance on ono Gordon in Marcli last. Mr. J. F. Dickson appeared for Dr. Mackin, while Mr. E. M. Bcechey appeared for Dakin.

In. giving evidence, Dr. Mackin stated Dakin communicated with him by telephone on March 5 last, and undertook to pay for attention to Gordon, who had been injured in some troublo that occurred at the hotel. Gordon had, iu consequence of this undertaking, been attended several times at tho doctor's surgery, and Dakin had been debited with the cost thoreof. Tho account had been submitted to Dakin. on three or four occasions, and lie had promised to pay until quite recently, when ho denied liability. Defendant, in giving ovidcnce, admittea that- Gordon, whom ho termed "an undesirable," liad been injured at the hotel, and had been sent to Dr. Mackin, but witness denied that ho (witness) had intended to pay tlie fees. Ho had on a previous occasion, however, sent a patient to Dr. Mackin, and had' paid tho fees for medical attention. Tho Magjstrate lield that there was evidence of direct contract between Dakin and Dr. Mackin, and had tho former desired to repudiate the claim ho should have .done so much earlier, that was to say, on receiving the first account. Judgment would bo given for tho plaintiff (Dr. Mackin) for tho amount claimed, £2 25., together with costs £1 12s.

[ UNDEFENDED CLAIMS. [ Judgment by_ default was given fo* the plaintiffs in the following undefended claims:—D.l.o., Ltd., v. H. Parata, £2 Ids. Od., costs £1 55.; Weilington Traders' Agency Assignees and R. D. Hanton v. G. W. Gaudin 13s. 6d., costs 55.; Williams and Mosley v. Frank M'Millan, £5 55., costs £1 3s. 6d. ; H. S. Hughes Steele v. Percy B. Phillips, £2 25., costs 10s.; E. B. Jones v. P. H. Meyer, £1 9s. 5d., costs 155.; Dominion Clothing Co. v. W. G. H Baillie, £2 lis. lid., costs 10s.; Wellington Freezing Works Employees' Union v. Alfred Skinner, 95., costs 55.; H. Gotlieb v. F. Hare, £5 10s., costs £1 3s. 6d.; H. A. Smith and Co. v. Miss R. Maxwell, 9d., costs 10s.; Bird and Jensen, Ltd., v. E. Priddle, £2 145., costs 10s.; Jack Jacobus v. F. Solomon, £1 Is. Gd., costs 7s.

JUDGMENT SUMMONS. In the judgment-summons case, Miss Murray v. F. G. Millman, the defendant, who did iiotf appear, was orderet) to pay to Miss Murray the sum of £2 I7s. Gel. on or before November i, in default to undergo three days' impris. onment.

NONSUITED. Before Mr. D. G. A. Cooper, S.M.. hearing was concluded of the action in which the Wellington. Tailors' Union claimed a £5 penalty from Harry Baker, tailor, for an alleged breach of tho award in not making an even tribution of piecework. Mr. D. M. Findlay appeared for the union, while Mr. W. Perry appeared for Baker. Without calling on the defendant, tho Magistrate entered a nonsuit, and allowed the defendant £1 Is. solicitor's fee.

POLICE CASES. cases were heard before Mr. D. G. A. Cooper, S.M., yesterday morning. John Ryan and Daniel Colton, who were found'guilty of using threatening behaviour in Parish Street, were fined 20s. each, in default to undergo three days' imprisonment. On a charge of drunkenness, Albert Loys was fined 205., tlie alternative being' three days imprisonment. Kate Sweeney was convicted and discharged for drunkenness on condition tliat she entered the Mount Magdala- Home, and remained there for twelve months. Katherine Waugh, charged with'theft of a ring, valued at £7 10s., was remanded to appear at Christchurch today.

JUVENILE COURT. In tlie Juvenile, Court yesterday morning, a boy } 13 years of age, was ordered to receive nine strokes of the or fp stealing a bioycle, valued at »o. -I wo boys, ngod respectively 11 years ana 9 years, were convicted of breaking, entering, and Hi eft at Lyall Bay, and were discharged by Mr. D. G. A. Cooper, S.M., oii tbe nnder- . standing that they -reported to tlie Probation Officer (Mr. Mills) once a week for six montlis.