SUPREME COURT

Dominion, Volume 10, Issue 3142, 21 July 1917, Page 12

SUPREME COURT

' A LAND AND STOCK DEAL CLAIM AND COUNTER-CLAIM In the Supreme Court yesterday His Honour Mr. Justice Ohnpimui resumed the hearing of a claim by Alvxumlvr Duncan ■It Laudilan, of Blenheim, commission iißuiit, against John Black, of Mcnheiiu. sIiCL'D-Cariuor, for X 370. There was a coun-ter-claim by cleremlaut for £558 10s. PlaiutiH claimed that, defendant entered into a. contract with him to purehaso his interest in the trniziiie areas known its Lcatham. Defendant, entered into possession of the land 9 ant) stock, and fullilled all the conditions of the agreement exucul a anal cagh naymont of £450. l'laintiß admitted n shortnee or 160 sheep, for which he allowed the sum of £80 to be deducted. Tho amount of his claim was, therefore, the balance ur the £«0. viz.. £370. Defendant alleged that plaintiff knownißly misrepresented to him tho aees of tho shecj), and -iio counter-claimed from plaintiff £158 10s., beiufr for sheep short, and also £400 an damaircs. I'laintilT's defence to the counter-claim Traa-a Honial that he made an*-.raisu;inD-sentatione. ■ • Ml-. H. V. O'Leary anueared for plaintiff, and Mr. A. W. Blair for defendant. ■ His Upiiour -reserved his judgment. JUDGMENTS DELIVERED AN API'EAIi ALLOWED. .Jlis Hoiioui- the (Jnief Justice.-(Sir Bobert Stout) delivered two reserved judgments., • . ' The iSjfit. was- upon the appeal- of Patrick Oavatiiign, tarnier, from a tteeisiou ot Mr. h. U. lieid. a.M., awarding damaecs to \V. 11. Trenra'ove, motor caruEC. proprietor, Ooiirtenay I'late. TUo facia were that the appellant sent his servant with. aDout thirty dairy co«s to bo taken to a paddock atoms the road, and a collision occurred between one of the cows and a motor-car owned by Treugrovc. it wn3;/dark. Out appellant committed no breach of any by-law or regulation in ■ haying the 'cows driven on a' road at that time. . According'to respondent's ovidcive, one epw took off the radiator .with Us borne. The cow was killed. In His Honour's opinion, appellant's eiiee was stronger. He had a right 'to bo uit the road, and was not a. trespasser; • tho eattli! were n/jiet. dairy cows; they were in ohargo or a man on horseback; it was not lirovcd that the cow with which the car came into collision was vicious: respondent saw other motor-cars stou, and if he did not sec the cowe, Ik oueht to have done M if he' was kecpins a coon look-out. -The mero fact of there Heine heavier traffic ou the road on account ot the races did not cast upon appellant any higher duty in drivine quiet dairy cows alone the road. The motorist knew there was more than usual traffic and this should have made him more careful. So far us the claim respondent, had made in the Lower Court waa concern"'the. appeal would be allowed, and His Honour would order iudgmont to bo entered for the defendant. As to the defcndaiu'ri counter-claim, he would orilur :i rehearing. At the hearing, Mr. 11. F. /Liickic represented tlic appellant, and Mr. J.. J. M'Grnth (Juetructed by Mr. H. Hill), tile respondent. WATSON V. WATSON. The second case decided -was the suit ol' Mra.- Ellen Gco. Watson agaiiVst Stephen Gco. Watson, the Anglican Boys' Homes Society, a lid A. W. Collctt, This was a, claim-made by plaintifi acainst her husband (as executor of the will of the liite'.Peter Smith) and Albert William Collctt. for the sum of £250. The Anglican Boys' Homes Society defended as "beinc entitled to tho residuary estate. Plaintifi alleged that on January 15, 1916. the deceased Smith save her the sum of £250, which was "owiiis to him by defendant Collett. _ ' His Honour held that plaintiff had. nroved her claim, and was entitled to succeed. The. tmestion of costs was reserved. , _ •At the hearing Mr. Gray, K. 0.. with him Jlr. U. "R. Howard, 'appeared 'for nlaintifi, Mr. M. P. Bunny for Watson. Mr. T. Yoiitik for the Society, and Mr. A. W. Blai&'for. defendant Collett. MAGISTRATE'S COURT. N POLICE AKU BY-LAW qASES. Mv. S. B. H'CflHhy, 5:31., presided at the Magistrate's Court yesterday. \ ilarcus Joseph Patrick Keogh was charged that on February 16 lasl he did forge the na.mes of J. Deere and Jl. liyan to an application tor a newspaper reporter's . railway ticket, and did attempt to utter the same to the stationmaster at Auckland. Ho was remanded, to Wednesday, and bail was allowed in £25 and ono fufety of £!£, or. two of £12 10s. cacn. On a, charge of being a rogue and vagabond in that he was found by mglit m an enclosed area in Bbor Street, Frederick Selby was convicted and ordered to come up for sentence when called upon and a, prohibition order wa_s issued against him to be effectivo for twelve months. An old. man named William Hiokcy, who had no money and no -work to go,to, -was found by a'constable on Thursday,night sitting in a doorway waiting for daylight. He was charged with being an idlo and disorderly person in that ho had insufficient lawful means of support, anil on the application Inspector Marsaek a. remand until Monday was granted to see what could be done for him. A remand to Monday was granted in the ciif-e of Kenneth John ilathe-on, for whom Mr. H. F. O'Leary appeared, charged with tho thett of a case' of kerosene, valued at 15fi. the property of some jicrson or persons unknown. Bail was allowed aa previously. FATHEIt.AKD SON. John Joseph MorAn, 17 years of age, for whom M.r I'. Vi. Jackson appeared, v,-as charged, with : stealiuc two dozen razors/valued at £6 155., the property ol his father, John Moran. The father, who gave evidence, stated this his sou was a bad boy, end beyond his control. Ho ■would like, to see him committed to an vndustrinl J:omn. -In cross-examination, the father admitted 'iiat the lad while at the carpentering trade mctwitU an accident, and lost four lingers off his right hand, for which he received £148 compensation. The money was being held by'the father, and would bo given to the lad when he attained the age 'of 21. The trouble between father and son was mainly over this money; Mr. Jackson, on beholf of the lad, pleaded guilty, and suggested that a relative of the boy, named Jfr. Peters, waa willing to give him a chance, and wuild employ 'Um' and look after him. Peters went, into the witness-box and stated that tho bojf had been employed by .him from February to May, and had given him every satisfaction. Witness and his wife were quite willing to take tile lad and do their beet for him. The accused was convicted and ordered to come up JCgr senleneo when called upon, thus giving him an opportunity of entering the cmploy of Mr. I'etors. A HEAVY FINE. James Wilson was eharged with cruelly iH-trcatine a hoi'ou qn July 9. Mr. O. O. Mazengarb, who appeared for the Society for the Prevention of Cruelty to Animals, said the cose was a very bad one, and he would ask for- a, heavy penalty, jccitscd endeavoured to force the horse to drag a very ueavy load up a hilt, antf because Ihe animal was unable to do so he struck it across the head and mouth, and on rcsnniin« his seat in the vehicle kicked the animal on the root of the tail'causing a wound, six inches lons. Wilson wos fined £5. with' costs, with the option of a month's imprisonment. ■MOTORISTS IN COURT. William Spencer Murray, for having dii'Kzlipg headlights on his motor-car, was lined 61js., and ordered to pay costs, and for tailing to stop his car when reoriented to do so was convicted and ordered to come up for sentence when called upon. For negligently driving a motor-car ou the Main Itoad, Te Horo, Leslie Jones was penalised to the amount of £2 and costs. Ernest Valentino Sanderson. Tor riding i motor cycle on the Ilutt lioad cycle Hack, was fined 10s. and costs. Alex. P. Smith was fined 105. and costs for having insufficient light on his molorCA.SE AGAINST KKSEItVIST. lidward Francis was charged with failing to enrol'under the Military Service Act. II was explained on behalf of defendant that, he had enlisted, and.wivs waiting to go into camp; Ihn fnct. flint, ho w.-.s not in camp was due. to (he i.egl:gence of the military nuUionties. I'rancis was convicted, and ordered to come up for sentence when called upon. HV-LAW OASES. For allowing stock to wander. Alfred Rradley.- againet whom there were previous convicious fur similar offences, was fined JK. with cost*; Charles l>. Harprcavpß was fined 305.. with costs; Joseph William Brown wns also fined JUs., uilll dists: .lames Cn-veon. George Hudson. Wat"ter Hadley, and Hubert Walker, were cadi fined 10?.. with cn-sls; Brnc3t Tladley. ng::ii|ist whom there were two '.■hrirges. Nt fined £3. with costs, in rmircel to one di«n.'c. nud convicted and discharged 011 the other. . Alhci-r. Wee!'.* luifi Ernest. Hunter, Tor hawkin',' without a. license, were each fined 20s. and eusl!.

For Children-? Hacking Cough. Wood's Great Peppermint Cure.*