THE COURTS-TO-DAY.

Evening Star, Issue 14786, 30 January 1912, Page 4

THE COURTS-TO-DAY.

MAGISTRATE'S COURT. (Beforo H. Y. Widdowson, Esq., S.M.) Judgment by default was given for plaintiffs in each of the following cases:—l'etcr Miller v. Anthony H. Rassnm (of Wellington, Dsfenco e'fncer). £2 fls 6d, goods, with 10s costs; John Edward Butler v. William James Davis (of Wa.verley, saddler), £B9 16s 3d, dishonored promissory notes, with £4 14t\ cocttt; Nimmo and Blab' v. John Fitzpatrick (of South Dunodin, curler), 7s sd. balance of claim for seeds, with 5s costs; New Zealand Coal and Oil Company v. Alfred James Boyeo lof Otekaikc, farmer). £3 17s Bd, coal sVippli-jd, with 13s costs; S. J. Porter v. F. Williams (of South Duncdin, florist), £7 8s 3d, furniture- supplied, with 23s 6d costs; T. "E. Shiel and Co. v. Chttrles E. Hannan (of Hokitika, butcher), 6s 4d, balance on claim for goods sold, with 17s costs; A. Moritzson and Co. v. Ilan'v ttid'-'owav Wade (of Christchnrch. financial agent), £25 las 4d, dishonored promist'ory note, with £2 14s costs.

Judgment S'immoi;s, —On the application of Mr Hay His Worship made an order against Hugh Miller, judgment debtor in tho suit of Gray v. Miller, that he pay £5 12r> forthwith, in default coven days' imprisonment. Stone and Co., Ltd., v. Morton.—Claim. £2J Ofi 6d, for advertisement and copy of directory .supplied to defendant's order. Mr E. Smith appeared for plaintiffs, and Mr A. Duncan for defendant.—Evidence for plaintiff* was given by John Henry Stone. —The detente was denial of receipt of tho directory, the evidence; of defendant, John Morion," taken at Greymouth, being put in. In litis defendant alleged tlnil lie had cancelled the ordtr. a,3 he had made it under a misunderstanding based on misrepresentation.—Judgment w.ts for plaintiffs for tho amount cl.nnwd, with 32s costs. Johnson v. M Keoiv.t.—Mr Ramsay, for defendant (Frank M'Keown, drag proprietor), asked for leave to defend a. claim for £7 15s for balance or drag hire (no notice of defence having been tiled).—-Leave was subsequently granted, the case being setdown for hearing on February 22. Costs (£1 Is) were allowed to plaintiff, for whom Mr 1). Cooke appeared. Payment for a Lorry.—His Worship gave judgment in the ease of Re-id ar.d ('■ray "(of Mlunedin) v. Alexander Douglas Spiers (of Pic-ton), architect, a claim of £52 13« in respect of the supplying of a lorry to .Josopil Henry Mil!,-, of Pictcn, carter, which was heard on Thursday last, when Messrs Payne and J. MacGregor appeared ior the plaintiffs, and Mr Scantlebury (instructed bv Messrs M'Galium and' Mills, Blenheim) for defendant.— His Woi-ship, in the couv.-e of his judgment, said that some of the original letters in the correspondence, between tho parties were not forthcoming, and of one of the most important, there was not even a copy, while, another had been altered in respect of a. date. Defendant's evidence, taken at Blenheim, had been taken in a most unsatisfactory manner. Ho emphasis-:*! this, becui.se in such cases too .great care could not be observed by the Court taking evidence for the guidance of another Court. In this ease "the defendant's evidence had been taken in a very Iocs? manner indeed, and. it had not assisted him very much. There was no doubt that Mills was the principal in the transaction, and thai defendant was his agent and had been treated as such by tho plaintiffs. As to the. guarantee alleged by plaintiffs, but denied by defendant, tho position seemed to be that Spiers had negotiated with plaintiffs' Llonheim atrent, and on March 24 Spiers placed an order witli the manager of Reid and Gray for a 30ewt lorry, stati'iyg for whom it'was required, and the and conditions of delivery and payment. This was acknowledged by a. letter from plaintiffs' agent, who said the head ofli.e could not accept, the order on tho terms quoted. Subsequently there was. a variation in tho order, as regards the size of the lorry and the question of freight charger, etc' It was here that some of the correspondence -was missing, ite thoucht it would be unsafe to accept Mr Crcn.wellV (plaintiffs' Blenheim agent) recollet tion of what were the actual terms of the altered order contained in the, missing letter. Tho question was whether the contract had become complete, lie could find in the correspondence no guarantee or terms by which defendant could be charged per-sonally.--Mr Payne intervened at this stage." and asked'that his clients be nonsuited, as he wiidied for an opportunity to go further with the case. His Worship asked Mr Suuttlcbiiry if he had any objection to a nonsuit being onferod. — Mr Soantlcburv contended that it was too late lor Mr Payne to ask for thai, once the Court had started to give judgment. —Mr Payne replied that llis Worship could refuse to give a nonsuit. He again applied for one.—His Worship asked Mr Payne to resume his sent, and continued : "I was goin<g to say that under the. circumstances of this case the best course I can take is to nonsuit."— A nonsuit, was accordingly entered up against plaintiffs, costs (£5 5s Bdj beiny allowed to defendant.

CITY POLICE COURT. (ISeforo IT. Y. Widdowson, Esq., S.M.) Alleged Theft.—Colin Cameron w?.s charged with having, on September 25. 1911. stolen Cue s'.m of £2 18s from the person of William lvdward i-'J lis.--The Chief Detective- explained that tk accuser] was arrested last night by Dote, five Ward on ft warrant issued at Chrktehiin-h in September last. 11? appliul for the accused to be icmamlr.d to appear at. Christchurch.—G ranted.

A llroken Demijohn.—William M'Guire pleaded not guilty io a of having, on January 29. committed mischief by wilfully breaking one demijohn, valued at 7k 6d,'the property of l'owl'y and Kenst.— The evidence showed thatS (ivo demijohns had been discharged on lo ilv wharf from ihe s.s. Waikana. Aecu-cd picked one up and made off with it. down Ihe wharf, lie was chased by one of the W.iikma':; crew, and when asked to return the demijohn he threw it <K>>cn op. the wh.irf and broke it.—Evidence wa--. given by .lames Craves. Thomas Henderson, and Alexander M'Don-ald.--The accused denied all knowledge* of the oll'-unr. —lie. was lined 10s, a.nd ordered to pay for the. d.im.iao done, in ciefault se'veu d:iys' imprisonment.