MAGISTRATE'S COURT

Dominion, Volume 13, Issue 220, 11 June 1920, Page 3

MAGISTRATE'S COURT

CIVIL CASES. , Mr. W. 6. Hidden. S.M., dealt with the civil checs in the Hapistrnte'o Court yesterday morninj. Judgment was given for plaintiff br default in the following eapoaThe Scoullar Co.. Ltd., v. Stewart M'Lclland, £6 14s. Ud.. costs 13b. $d.: Rosenberg and Co. v. E. -Shrainka, £7 35.. costs £1 sb. 6d.; Plumbers' Union v. John Williams, £1 lis. 6d., coßts 9b.; Ycitch and Allan v. .T. J. trader, 6s. 6d., casts 55.; same v. Bertram .A. Vale, J6s., costs 55.; Bannatyne and Co., Ltd., v. Charles W. Ancell, £39 Bs. Id., costs £2 145.; Henry Berry and Co., Ltd., v. William A. Burrows, £40 Ob. <d., costs £2 165.; G. W. 1,1 i 113 and Co., Ltd., v. P. N. P. Washbourne. £27 3s. 7d„ co=tn £2 145.; Vacuum Oil Company, Ltd., v. W. Ayaon. .E6 3s. 9d.,'costs £1 3s. fid.'; same v. W. Wa-ugh, £18 11b..,' costs £1 10s. 6d,; A. Hatrick and Co., Ltd.. v. H. T. Avery, £10 6s„ costs £i 14s. 6d.; Commercial Agency, Ltd., and Roberts (N.Z.) Ltd.. v. •Tamos Ralph. £32 Bs. od., conta £2 lis.; Charles H. Parsonage v. A. M. Fiirnall, £15, costs £1 10s. 6d. A. R. Edwards • v. tho .Terabidoe Syndicate, £153 55.. costs £7 IBs. 6d. ; : JUDGMENT SUMMONS CASKS. W-.Pyne was ordered to pas' Veitch and Allan tho cum of £3 17s. (d. by June 24, in default 43 hourn' imprisonment. It. ■Morris to pay .Tames A. Dohcrty £12 Is. : 6d;.:by June 24, the alternative being seven days' imprisonment. S. BurUon to nay Ojmond and Son (N.Z.) Ltd. £23 17s. 6d: by July 1, in default 14 days' imprisonment. P. 0. Wilson to pay Barber and Co.. £14 lie. by June 24, or go to gaol for seven days. A COMPANY'S CALLS. , Berger Lynneherg, as liquidator of the M'Arthur Milliken Structural Engineering Company Ltd., for whom Mr. A. W. Blair appeared proceeded against M'Lean and, Grey, builders, to recover £50, uU'cged to (ie owing in respect, to a rail or ss. per share made in September, 1918, upon shares in the company held by the defendant. The liquidator proceeded iyainst Anthony Banker,- of Auckland, a-share-holder in the company, to recover £50, also in respect to a call. Mr. D. S. Smith appeared for both defendants. Counsel for the defendants raised a technical defence as to tho liquidation of the company and tho appointment of a liquidator. The company commenced business in February, 1915, and vrent' into voluntary liquidation in May, 1917. The call of 50. made by the liquidator was made payable in two instalments. Tho Magistrate reserved his decision. A TENEMENT CASE. . Arthur George Spiers, a steward, for whom Mr. T. A. C. llislop appeared, sought to recover possession of premises known bb 91 Waripori Street, from Arthur Howe, a foundry omploy.ee. wno was represented by Mr. W. G. Hellish. The plaintiff said that he wanted tho houEe for his own occupation. He brought his wife out about nine months ago and bought the house for his own use Furthermore, complaints had been made to the police that through the tenants, having social evenings two or three times a week .with-duping ana uancmg, a nuisance, was created. Several of the neigh-' hours gave evidence as to the undue noise made at the parties and the disturbing effcct it had on those living- in the neighbourhood. For the defence, it ivas stated that tho noise was urged merely as a subterfuge to discredit the defendan l . The balance of hardship was in favour of the defendant. lie had a wife apid child, and it was a matter of keeping a roof over their heads. The, plaintiff at present had a job that did not nermit him to stay in Wellington at night except on one night of the week. The defendant hrl made many efforts to procure another houre, and would gladly go out ;f' he could do so. It was denied that the musical evenings liati caused a nuisance, or that the ceighroure had heon irritilled. The Magistrate said that the allegation of a nuisance caused by the musical eveningß was not, on the evidence, a sufficient ground for ejectment. lie accepted the suggestion of plaintiff's counsel and adjourned the case' for two months to enable the defendant to look around for another house.