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THE COURTS-TO-DAY, Issue 15630, 22 October 1914
(Before H. Y. Widdowson, Esq., S.M.)
Judgment was given for the plaintiffs by default with costs in the following cases:—Johnston, Sons, and Co. v. Francis William Merchant (Shannon), claim £2 12s 6d, for a book supplied; Ansell and Co. v. William Frederick Hogue (Invercargill), claim £3 se, for clothes supplied (judgment for £2 17s and costs); Johnston, Sons, and Co. v. Clement Victor Parfitt (Greymouth), claim £2 12s 6d, for a book supplied (judgment for 8s and costs); same v. At hers tone Sydney Tomkies (Greymouth), claim £2 12s 6d, •for a book supplied; same v. Margaret D. Walton (Feilding), claim £2 18s 6d, for a book supplied (judgment for IBs 6d and costs); same v. J. "Watson (Auckland), claim £2 12s 6d, for a book supplied; same v. John James Tudhope (Christchurch), claim £3 19s 6dp for a book supplied ; same v. Joseph Vincent (Cheviot), claim Bs, for a book supplied (judgment for 3s costs); Laidlaw and Gray v. Waltsgott and Co. (Otakou), claim £5 19s 2d, for goods supplied; same v. Alexander M‘Wi!liam (Hampden), claim £3 18s lid for goods supplied; Newberry, Walker, Mark Morton (Balclutha), claim £5 2a, for goods supplied; H. Wise and Co. v. William Chamberlain (Woodville), claim £5 3s, for advertising; A. Stoneham and Co. v. George Herbert Houlclsworth (Motneka), claim £l6 10s, for a diamond ring supplied. J. and J. Arthur v. William F. Beck. — Claim £2 on a judgment summons.—There was no appearance of the defendant, who was ordered to pay the amount due, with costs, forthwith, in default three days’ imprisonment. His Majesty the King v. the Freeman Coal Company. —This was a claim for £2 for demurrage on railway trucks as follows :—One at Abbotsford from the 21st ot May to the 23vd of 'May, one at Fernhell from 2nd June to 6th June, and one at Fernhlll from 4th June to 6th June. Mr J. S. Sinclair appeared for the Bail way Department, and Mr Calvert for the defendants. —Mr Sinclair said that the first item had been paid into court, and the third item having been paid, that portion of the chum was withdrawn. The department now merely claimed on item No. 2—£l for demurrage. On the Ist of June last the defendants ordered certain trucks, but the department was unable to supply the exact number ordered. The ‘ Gazette’’ regulations provided for the payment of 10s a day for demurrage after the trucks had been at their destination for eight hours. The defendants used nine of the ten trucks sent, and they were despatched on the 4tb of June,, and no charge for demurrage was made, aa the 3rd of June was a holiday. The tenth truck was not filled until the 6th of June, and it was on that truck that demurrage of £1 was claimed.—Mr Calvert said that before the department could charge demurrage they must show that the truck supplied was the class of truck that was ordered. It was unreasonable and unfair for the department to charge for do nmrrage For a truck that could not be filled up.—His Worship gave judgment for £l, with costs (£2), in addition to the amount paid into court (18s). John Lynch v. Gilbert Wright.—Claim, £2O 10s, damages sustained by- reason of the defendant, on the 18th of July, negligently and unskilfully driving a motor car, whereby the plaintiff was injured. Mr J. B. Callan appeared for the plaintiff, and Mr A. C. Hanlon for the defendant. —Mr Callan said that the plaintiff was a ganger in charge of a party of corporation tram employees working on the Anderson Bay road. Lynch, who was carrying tools, was slightly ahead of another man, when a motor car came sharply round the corner of Cargill road and knocked him down. Neither Lynch nor any of the others heard a horn blown. The car, in turning Cargill road, attempted to pass between Lynch and the footpath. Had it gone behind him the accident would not have happened. ’ Although Lynch was now back at his work, he had not yet recovered the full use of one arm. His foot and shoulder were both ’’lnjured.—The case was proceeding when we went to press.
THE COURTS-TO-DAY, Issue 15630, 22 October 1914
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