MAGISTRATE'S COURT

Dominion, Volume 13, Issue 256, 23 July 1920, Page 9

MAGISTRATE'S COURT

• • POUOB- AND OIVIIi OASES. Mr -73 Pace-S.M., dealt with the polir.o cafes' S'tho'&ratc's_ .Court y.esterday, "tiofcatson.was 4rtoSft* oonvTcted and ordered to como S P for sentence when called upon within a P lmian° £ Pla^r n wt'fined £3 with' the option of seven days' imprisonment, for <v breach of her' prohibition order. §6t d?unkenncss Susan M'Loughlin ■ wa..flned -205., in default three days lrnpria-, onment. and John Morrow was fined Ms., with the alternative of 48 hours' imprison- - "a seaman named Henry Sheppard, while drunk, committed an mdecont act in leatherston Street and for this offence he was sent to prison for 21 days.' For drunkenness he was fined sa. ' ■'• ovnh OASES. , .. , . ' Mr. W. G. Eiddell S.M., dealt with tho civil cases and gave judgment for plaintiff by default in the following :-Veitch and- Allan v. W. B, V. Thring, £2 2s. 2d„ costs 163.; G. and O. Aldons v. M. Barnett, 195., : cosib 125.; Peter Hutson and Co., Ltd., v. W. Oheok, £39 Is. 7d.> costs ■£!, 153.; G. Bradley v.-G. Howard, costs only, 175.;. Commercial Agency and.E. W. Mills Ltd., v. Johnston'Brothers, £83 4s. 10d., uosis i 4 Us. 6d.; Vacuum Oil Co., Ltd,,-v. W. Bush,' £3 12s;,' costs"l3s.; Bristol Piano Co., Ltd., v. James Forne,-£ls 17s. lid. costs £1 10a.; Commercial Agency and.H. C. Gibbons; Ltd,, V. Lou Hoohg, £43 7fl. 7d„. costs £2 155.; same and A. B. Hislon, Ltd., v. E; Porter, £15 4s: 6d. costs'£2 Os, 6d.; "New Zealand Times" Co., Ltd., v. G. Elliott, £47. costs '£3 6s. 6d.; same v. Hawera County Electric Light Co., Ltd., 145., costs 65.; same v. D. R. Walker, Bb., costs 6s. Judgment, summons 'cases were dealt With-, as follow :'-0. Headland was ordered to pay. the' Vacuum Oil Co. Ltd., £10 Os.. 7d, by August 10, in default seven days' imprisonment; 0. Fainoy to pay ,T. Ballinger and Co., Ltd.,' £17 10s, sd. by. August 10, the alternative being 14 days' imprisonment; P. Solly to pay E. Collie, Ltd., £4.75. 6d. by August 3 or go td prison for four days; J. M'Mahon to pay O. Jacobsen £1 IBs. by August 3, in default 24 hours' imprisonment. Annie M'Gulre (Mr. O. B.'. O'Donnell) secured Judgment for. £26 ■ 176. 6.d. against P. i\ Clewer on a. claim for. the refund of the balance of commission on the .sale of'.a house, tho sale cf which was not completed 43 the plaintiff was unable to obtain possession within' the specified time. The defendant failed on a, counterclaim.

W. Norton, farmer,' of Midhirat (Mr. A. Duun! claimed from F. Fanning and Co., land ajents (Mr.' C, B. O'Donnell) the sum of £25, being the amount of a deposit paid to the defendants in respect to tho proposed sale of a house, No. 39 Fribble Street, .Wellington, which Bale' was not .completed owing to the alleged negligence of the defendants in undertaking to give possession of the premises month, and in not selling in accordance with plaintiff's instructions. By reason of such negligence,,it was alleged, the services rendered by defendants proved valueless to the plaintiff. For the defence it was contended that some timo for giving delivery had to be'slated in tho contract of sale, and a mouth was tho customary period; .further that the plaintiff had not shown in what specific manner tho defendants had exceeded their authority as laud agents. After hearing the evidence the Magistrate gave judgment for plaintiff for ±2 10s„ with.costs 345., and nonsuited him in respect to the balance of his claim, and allowed the. defendants costs totalling *o