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THE COURTS.-TO-DAY., Issue 7905, 13 May 1889
RESIDENT MAGISTRATE'S COURT,
(Before E. H. Carew, Esq., R.M.)
John May v. S. Matthews.—Claim, L2 lis sd, for goods supplied.—Defendant's wife appeared, and denied having received the goodß.—Plaintiff said that the articles enumerated had been duly delivered at the house of defendant.—His Worship ordered the case to stand over until plaintiff showed particulars of debt. J. Sinclair v. W. M'Laren.—Claim, L 5, as extra expense incurred in a contract entered into by plaintiff and defendant. Mr Sim appeared on behalf of plaintiff ; Mr Fraser for defendant.—Plaintiff stated that he entered into a contract with defendant. The original price was L 315, but L 5 was withheld by witness until a door was completed to his satisfaction. That L 5 was paid to defendant by mistake, and witness now found that the door was warped, and that the timber used #as different to the timber specified in the contract.—William Henney also gave evidence for plaintiff; while Mr Fraser called William Bennett, who said that defendant came to witness's timber factory and wanted the door sent up after it had been returned by plaintiff. After the door had been pasEed by the witness Henney, who was architect, it was immediately sent up to the building.—At this stage Mr Fraser intimated that the case had been settled, and would be discontinued.—Case withdrawn.
Equitable Insurance Association of New Zealand v. J. Catanach.—Claim, L7l3s Bd, amount due as calls on shares.—-Judgment by default for amount claimed, with costs. Milliam Metcalf v. J. Deans. —Claim, LlO, amount of damages sustained to a ho.-ae by a collision between the respective vehicles of plaintiff and defendant, alleged to have been caused by the negligence of defendant. Mr S. Solomon appeared on behalf of plaintiff, Mr J. F. M. Fraser for defendant.—Mr Solomon said that on the let May plaintiffs servant, who was a mail carrier, was riding the horse of plaintiff, when he met three milk carts. The milk carts were on the wrong side, while plaintiffs servant was on the right side, of the street. Two of the milk carts moved to the right side of the street, but defendant did not do so, and a collision occurred, doing damage to the horse of plaintiff to the amount claimed. It was dark at the time. Defendant, after the accident, called upon plaintiff and asked him not to take out a summons, because he wonld pay for the damage done. He had not done so—hence the present action.— Evidence was given by plaintiff and Thomas Power (who was riding plaintiffs horse at the time of the accident), and others, and after counsel had addressed the Bench His Worship gave judgment for defendant. J. Braithwaite v. F. Laurenson.—Claim, LB9, rent due. Mr F. R. Chapman ap- § eared for plaintiff; Sir Robert Stout for efendant.—The hearing of this partlyheard case was resumed. Evidence was given by Thomas Rogers and Fleming Laurenson, jun., and the defendant (recalled). —Louis Holden was about to be called, when it was intimated that he objected to appear without being subpoenaed. Mr Chapman said that Mr Holden had been summoned as a witness, and was now in the vicinity of the Court. Would His Worship make an order compelling Mr Holden to appear?—Mr Carew: Under the Resident Magistrate's Act I can make no such order.—Mr Holden then entered the Court, took his place in the witness box, and was briefly examined. —Counsel having addressed the Court, His Worship reserved judgment until Wednesday. |
CITY POLICE COURT.
(Before Messrs D. Wishart and J. Logan,
Drunkenness.— William Martin was fined 10a, in default forty-eight hours' imprisonment. John Carroll, James Dunnett alias Dorrelt, James Maxwell, and a first offender were fined ss, with the alternative of twentyfour hours'.
The Worst Larrikin os the Flat.— Hugh Hunter pleaded guilty to a charge of having while drunk behaved iu a riotous manner in Main street, South Dunedin. Sergeant Macdonnell said that accused was the worst larrikin on the Flat, and had been a terrible nuisance to the people there for months past. He (the sergeant) would call Mr Price to tell tne Bench something about accused's conduct.—Their Worships said they did not think they would hear evidence as to character unless it was in accused's favor, but they would hear any statement the sergeant had to make.— Sergeant Macdonnell said that on Saturday Hunter made use of language of the moat obsoene and disgusting description, kicked up a row with two shoemakers at the Ocean View Hotel, and after that went running up and down the street shouting ana yelling, and making use of bad language. Hunter had also grossly misconducted himself at other times. He and his mates lived at Mornington, but from morning till night they loafed about the Flat, a terror to all peaceable people,—Mr Logan: Cannpt you take him up for vagrancy ?—Sergeantmajor Bey in pointed out thit under section 20 of the Police Offences Act the Bench had power to inflict the same sentence (three months') as though accused were charged with vagrancy.—Sentenced to three months' imprisonment with hard labor.
Unregistered Dogs. Peter Sherry, Alfred Boot, William Godfrey Neill, John Guthrie, and David Hill were fined 5s and costs; Elizabeth BracMey, 2s 6d and costs; and a charge against Charks Hayward was withdrawn.
THE COURTS.-TO-DAY., Issue 7905, 13 May 1889
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