MAGISTRATE’S COURT

Dominion, Volume 14, Issue 181, 27 April 1921, Page 9

MAGISTRATE’S COURT

POLICE, CIVIL, AND BY-LAW CASES Three inebriates were all that the police were able to present in tho Magistrate’s Court yesterday, and Mr. F. K. Hunt, S.M., fined two of the offenders 10s. each and the other ss. UNDEFENDED CIVIL CASES. Mr. W. G. Riddell, S.M., dealt with the civil business and gave judgment for plaintiff in the following undefended cases: —Dr. L. A, Lino v. J. M'Crae, £5 55., costs AU 12s. 6d.; M'llwraith and Co. v. V. A. Reid, £2 35., costs Xl Cs, Gd.; Witcombe and Pym, Ltd., v. F. Martin, .£2 7s. Gd., costs £1 3s. 6d.; H. B. Geddig and Co. v. John Gardner and Son, A’G 15s. 6d., costs £1; Margaret. Slater v. Theodore W. Woodward, .£2B 6s. Bd., costs .£3 Is.; Standard Insurance Go. v. H. Palmer, .£ll5 2s. 3d., costs £6 13s. Gd.; A. Goodwoll and Co. v. H. Wiggins, £i 10s., costs £1 3s. Gd.; same v. G. F. Sievers £2 15s. Sd., costs £1 3s. 6d.; Searle, Joy, and Co. v. A. E. Rhodes, costs only 18s.; AV. Green v. A. V. Lamb, £J> IDs., costs £1 6s. Gd.; Derbyshires (N.Z.), Ltd., v. Joseph S. Munro, costs only, ,£1 135.; Harold W. Brown and Co., Ltd., v.. G. Robinson, £l4O 9s. 3d., costs £7 os. Gd.; S. AV. Silver v. Fergus O’Sullivan. £22 7s. Gd., costs £3 10s. JUDGMENT SUMMONS CASES. A. J. Fogarty was ordered to pay John M'Carrhy £35 6s. 6d„ by May 10, in default fourteen days’ imprisonment. A. A. M'Caul is to pay H. S. Cullen £l4 4s. 6d. by May 10 or undergo ten days’ imprisonment. H. E. T. Jones was ordered to pay Griffiths and Co., Ltd., £35 Is. by May 10, or to go to prison for fourteen days. Miss A. Clarke was ordered to pay J. T. Lewis, Ltd., 17s. by May 10, in default 24 hours’ imprisonment. Herbert T. Avery is to pay F. Flipp £l4 2s. 3d. by May 10, in default ten days’ imprisonment. j James O’Connor was ordered to pay David Mason £ll Bs. Gd. by May 10, the alternative being seven days’ imprisonment. A. Glover is to pay Boucher and Co. £3 3s. 6<l. by May 10, or go to gaol for 48 hours. John Marshall was ordered to pay AV. Draffin and Co. £l5 13s. 3d. by May 10, in default ten days’ imprisonment. J. Biggs is to pay H. Baker £1 Ills, bv May 10, in default 24 hours’ imprisonment. BY-LAW CASES. Mr. H. W. Bundle, S.M., dealt with the by-law cases. Albert F. Smelt was fined 20s. and costs 275. for driving a on the wrong side of limiter Street, and on a charge of driving u. motor-car without being in possession of a certificate he was convicted and discharged. For exceeding fhe speed limit, Charles E. Hamilton and John Marshall were each fined 20s. and costs. AValter J. Jacobsen was fined 10s. and 7s. costs for driving a motor-cycle on the wrong side of Courtenay Place. For having no light on his motorcycle, Leslie Rankliic was fined 10s. and 7s. costs, and for having no number on his motor-cycle William Woodward was similarly fined. James H. Reynolds was ordered to pay 7s. costs for leaving his motor-car unattended' in Blair Street. For commencing alterations to a building without first obtaining a permit Eric Johnston was fined 10s. and 9s. costs. ADVANCE AGENT’S CLAIM. The hearing of the action brought by Claude Haigh, of Lyall Bay (Mr. W. Perry), against G. Fama, Frank Perkins, and Stanley Lawson, of the New Zealand Diggers Company, and Victor Beck, manager (Mr. P. AV. Jackson), was concluded yesterday. The case for the plaintiff was taken some weeks ago, and adjourned to enable the .members of the company to bo present. Tho plaintiff claimed'that in August, 1920, he was engaged as touring manager for the “Diggers” for their New Zealand tour, at a salary of £l2 per week. He entered upon his duties on August 23 and continued in the service of the company until Fcbruarj- 5, when he was dismissed without notice. Ho therefore claimed £2OO damages for alleged wrongful dismissal. . The defence was that the plaintiff was not engaged for the New Zealand tour, but was temporarily employed until Mr. Beck who was then completing another engagement, could take up the work. Victor Beck, theatrical agent, stated that the plaintiff came to him and asked if he (witness) could give him anything to do. Witness told him tho position with respect to tho "Diggers,” and explained that' witness could not carry on the work until he had finished with the "Pierrots,” with whom he was then engaged: also that he had subsequently to undergo an operation which would incapacitate him for sdme weeks, so that plaintiff would have work up to about the end of the year. He denied that plaintiff had been engaged for the New Zealand tour of the “Diggers. Mr. F. K. Hunt, S.M., who heard the case, reserved his decision.