MAGISTRATE'S COURT

Dominion, Volume 11, Issue 19, 17 October 1917, Page 9

MAGISTRATE'S COURT

POLICE AND CIVIL CASES

Ml'. S. E, Jl'Carthy, S.al., presided at the Magistrate's Court yesterday, and dealt with the police cases. Phillis Mollis aud Ruby Houghton, iumatCH of the Salvation Army. Bescue Home, were charged with disorderly behaviour ill the institution, and also with using obscene language. The matron of the home and another official testified to the bad conduct of the girls and to tile fact that tho police had to be called in to talk to them. After hearing the evidence of several witnesses and of the girls themselves the magistrate convicted and •sentence'! cacli of them to three months' imprisonment. As tho girls left the Court, one of theni remarked: "I don't mind, so long as X don't liare to go back to the home." f For insobriety, Charles M'ltobert Iran fined' 205., in default soven days' imprisonment, and Patrick Sinnot was fined £3, with the option of serving 14 days in gaol. Two first offenders were each fined. 10a.. with tho alternative of 1A hours' imprisonment.

DEFENDED OIVIL CASE. Mr. W. G. Eiddell, S.M., heard the civil action in which W. Galloway, clerk, sought to recover from Cole. Crump, ana Oundy, milk Vendors, the sum of £4 6s. Bd. for wages in lieu of notice. Defendants counter-claimed £5 3s. 6d., moncyß received by plaintiff in June and July last, which plaintiff, it was alleged, had wrongfully refused to pay to tho defendant, company, and £2 for goods sold and delivered to plaintiff. The evidence showed a degree of slackness in safeguarding the money in defendant's office, and tho magistrate held that the Court would not be justified in holding that Galloway was responsible for the loss. Judgment was givpn for plaintiff for £4 6s. Bd., lees £2 paid into Court. Mr. H. P. O'Lcary appeared for plaintiff, and Mr. TV. L. Kothenberg lor the defendant.

■UNDEFENDED OASES. Judgment was given for plaintiff iu tho following undefended casesG. 17. Harty v. (4. Cunningham, £11 Is., cos»s £1 10s. 6d.; Public Trustee v. Thomas Newell, £19 Bs. 3d., costs £l 18s. 6d.; B. licginald Ccllins and Co., Ltd., v. Percy A. Bellise, £1 ccats only; Elsie Bod v. Harold White. 19s. 6d., costs 5b.: T. M'Dowell and C-n. v. H. Day, £6 65., costs £1 ss. 6d.; Dominion Mercantile Agency, Ltd., v. James Alfred, 155., costs ss.

JUDGMENT SUMMONS. Judgment summons cases were dealt with as follows:—J. H. Wright was ordered t.o pay P. C. Luxford, £5 lis. 6d. by October 30, or servo five days' imprisonment: John Creagh was ordered to pay David' Herron, £5 3s. by October 30, with tho option of five days' imprisonment. In the ease of Georgo Henry Baylis v. John Lowe, judgment was given for plaintiff for possession, of a tenement, and £3 12s. and costs 13s.

GljAlll FOR DAMAGES. Bhana. Kneiic, bottle collector, 4 Forester's Lane, proceeded against.!. T. Yatee, milkman, 143 The Pa,rade, Island Bay, for spccial damages iotallinsr -£7 25., it hcinp' alleged that tho defendant on .luly 28 Inst so negligently drove and rmtnaped a horso and oart tliat jt collided with tho plaintiff, causing injuries to his leg. -with tho result that ho Buffered pain and damago and loss. The collision occurred in Tory Street. After heariug tho ovidenco, thn magistrate nonsuited tho plaintiff, who ■was ordered to pay costs, 9s. Mr. H. F. O'Lcary appeared. for plaintiff, and Mr. .J. S. Barton for tho dcfcnda-nt. t

BKEAOHES OF AWAftDS. - . The Inspector of Awards' (Mr. ft. T. Bailey) proceeded, against the Wellington Meat Export Company, Ltd., for whom. Mr: JC. Myers appeared, to recover a penalty for failing to pay overtime rates for Sunday work in respect to three firemen. It was shown in the ovidenco that this had been the practice since 1912, and no complaint had. hitherto been made. Tho magistrate reserved his dccieioD. Tho Inspector of Awards (Mr. E. T. Bailey) proceeded against 0. .M*. Bay. manufacturing jeweller, Willis Street, and H. H. Morris and Co., manufacturing jewellers, also of Willis Street, to recover a penalty for allowing females to perform saw-piercing work on other than base metals. The -women -were engaged on gold and silver vrorli. ■which was usually dono by men, and this, it was contended, was a hroach of t.lio jewellers' award. Mr. H. F. O'ljeary appeared for both defendants. Judgment was given for plaintiff, each defendant being ordered to pay £1.

served judgment in tile caso in which Joseph Cane, tailor, claimed from Ifriieo Hoive, tailor and mercer, tho Bum cf £40, the amount of a chequo dated August 11, given by defendant to plaintiff and dishonoured, together with 3b. 6d. interest. Defendant counter-claimed for £45 10s. damages, which he alleged he had suffered through plaintiff falsely representing to. defendant that the tenancy of the premises sold by plaintiff to defendant terminated about tho end of December, ■whereas it. had actually terminated ou or about September 25, and that th.o statement was a material factor in dofendani deciding to purchase plaintiff's stock and fittings on the premises referred to. It was on his discovering the actual data at' the termination of tho tenancy that Howft dishonoured tho chetiuo which had been paid to Cane. _ Tho intention to bo decided was whether plaintiff's statement as to the length of his tenancy was an innocent misrepresentation or amounted to a, fraudulent one.. Upon the i'aots presented to the Court, His Worship thought the weight of evidenco showed that tho plaintiff's statement that- his tenancy ended in December was untrue, and was made to defendant reokleasly and without caring "whether it was true or false. Plaintiff s statement came -within the definition of fraudulent, misrepresentation, and w&b material factor in inducing the defendant- to entei into tho contract. Defendant had amrm» ed the contract, and must carry it out, "but he was entitled to damages. Judgment was given for plaintiff for £40 3s. 6d„ with £4 2s. costs, and on the counterclaim judgment was Kivon for the defendant for £45 103., with £2 .6s. costs. Security for appeal was fixed. At the healing Mr. M. Myers appeared for plaintiff, and Mr. P. Jaclison for the defendant Howe.