MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2999, 9 February 1917, Page 7

MAGISTRATE'S COURT

CIVIL CASES

CLAIM AGAINST A CONTRACTOR

EMoivod judgment was given by Mr. rw rl' 111 tho Magistrate's Ti ? m > fc yCS S y rr 11l , tllo MS <> of Odliil, .lunboi, aud Hardware Co., Ltd v i • Lail 'i l awi Thomas W v a i m to r «cover ,£2OO . . • timber .. and buildine material supplied to Iliekling and Laird tho cost of which it was alleged that SB™ ty' l v» d f taken to bo responsible to Plaintift ior. .According to tho evidence Hickling and Laird contracted to build a house for Lawson for £.180". and ordered from plaintiff tho neccssary timber and , materials. Hickling ani * ,'• Iv , el '°. u pt regular customers of plaintiffs obtained from them -an unsigned note addressed to Lawson to pay then* account. This note was forwarded to lawson, together with a statement by-plaintiff. It was not acknowledged until- lie was written again on the mat7'' -Lawson then said lie would pay when lie got his first paymont from tho . uoyernmcnt Advances to Settlers' Office, which hold a mortgage over 'his property, riie. sum-of >C7fl was paid on account. Plaintiff asked Lawson to see that the account was (protected when tho next progress payment .was made. In his judgment the-Magistrate held that Law-. 6on'B attitude appeared to bo ono of indifference, -and he allowed tho contractor to obtain the next progress payment and distributed tho money amongst tho various-parties entitled, in the manner unsatisfactory to plaintiff. Tho balance now remaining of contract money £112 10s., and two other claims had been lodged against lawson in respect of this money. There was no cvidenco that plaintiff had proved fraud or want of good faith on tho part of defendant Lawson towards plaintiffs, but there was of indifference to their interests. In this respect plaintiffs . could by other measures have safeguarded themselves. was siven for plaintiffs by default against Hickling and tairu ftp tbo full amount claimed, and judgment as against Lawson was .a lien charge for an amount rateably in proportion to tho claims of other sncli contractors enforceable against defendants on the fund available for distribution. Costs were allowed in both cases. Mr. IT. E. Evans appeared for plaintiffs, and Mr. H. Anderson for tho defendants. UNDEFENDED CASES." Judgment was given for plaintiff by .default in the following undefended civil cases:—Dr. AVm. Young v. J. E. Parker, £9 95., casts 255. Gd.; C. and A. Odlin v. Bvne/!t Molton and Co., .£8 ss„ costs 235. 6d.; Sharland and Co., Ltd., v. S. C. Skelley, ,£lO 18s. 2d., costs 30s. Gd.; Commercial Agency, Ltd., and Thomas Horton v. ,T. B. Sullivan. £1 os., costs 55.; E. W. MiJ]s and Co., Ltd., v. Alfred H.- Scott, .620 !)s. Gd., costs .£2 He.; To Aro Furnishing Co. v. H. Dittmer, £5 J (Is. fid., costs 255. G<l.; Commercial Agency, Ltd,, and Thomas Horton, Ltd., v. ,T. H. Mitchell, £2 ss. 9d.. costs 10s.; same v. W. C. Tufnell, ,£23, costs £2 Ms.; same v. .T. £1 10s., costs ; 235. fid.; A. and T. Burt, Ltd., V. Yates and Co., trading as the Napier Plumbing and Tinware Co., .£75 (Is. 10d., casts i £i -,7s. fid.; Griffiths and Co.. Ltd.. v. Alfred Ware, ,£2 IRs., costs 10s.; Commercial Acrency," Ltd., and T. Myers and ,Co. v. Labmann Health Home, .£5 ss. ' sd„ costs 275. fid.; Herbert G. Tooele, Ltd., v. Errol Greenslade, £7 10s. Bd., costs Bs. ' In a judgment summons case Alfred Oxenhnm was ordered to pay the New Zealand Express Co. the sum of .£22 Bs. fid. bv February 22, ill default 21 days' imprisonment. DEFENDED OASES. , 'William and Victor Dimock claimed from Philip Lambert .£2 10s., and possession of tenement. Judgment was given for tho amount claiincd with possession and costs ,£3 Is. In tho ease, Harold Potts v. .Tohn Henry Hickling and George Laird and Thomas Lawson, a claim for .£2O, judgment was given against Hickling and Laird for .£2O aad costs Bs. Gd., and against Lawson for .£9 lis. Gd. and costs Bs. Gd. Frost and Frost, dentists, proceeded asainst C. Stoddart to recover .£lO 10s., balance of account. After bearing tho evidence judgment was given for plaintiff for ,CS Bs., with costs ,£3 15s. Gd. POLICE CASES. Isidore Jacobus was chargcd with drtjnkonnoss, also with committing a grossly indecent act in Manners Street. On the first charue he wns convicted and discharged, and a prohibition order issued against him, to be operative for, 12 months, and on tbo second charge he was fined .£3, with the alternative of W days' imprisonment, and was allowed a week in which to find the immev.