ELTHAM COURT.

Hawera Star, Volume XLVI, 6 October 1926, Page 5

ELTHAM COURT.

YESTERDAY’S PROCEEDINGS. * Mr R. W. Tate, S.M., .presided over the sitting of the Magistrate’s Court held in Eltham yesterday. The follow--- . ing business was. UNDEFENDED CIVIL CASES, c .i' m Judgment was given for plaintiff "by " default in the following undefended ■ civil cases: A. E. Lethbridge v.-J. Dorn- - - broski, £2B 4s Bd, costs £4 7s 6d; Syme and Weir v. A. E. Higgins, £3 2s 9d (costs £1 12s 6d); same v. B. F. Higgins, £2 Is 9d (costs £1 12s Gd)-; G-. - --; Tonkin v. J. Sanson, £8 18s 4<3 (costs ... £2 8s 6d);' Clare Bros. v. S. Peters,..:.’,; £5 (costs £1 Ilf. 6d); C. A. Belcher v. A. E. Higgins, £ls 5s 3d (costs £2 14s); John Petrie v. A. E. Higgins, £4; Tss ; (costs £1 3s 6d); W. G. Cran v, G. - - Abbott, £3 10s (cpfets £1 5s 6d); J. Chamberlain v. K. Grobt, £6 (costs £1 19s 6d); Turner Glass and Paint; Co., .- ■; Ltd. v. Henry L. Martini.and John G.-yr ? Grant, judgment against defendant John Gildray Grant £155 14s 9d (costs £8); plaintiff was nonsuited-in tlie ease » against Henry L. Martini. JUDGMENT SUMMONSES. A. E. Higgins was ordered to .pay. Hugh .Tohuston £7 15s lOd forthwith, in default seven days’ imprisonment. A. E. Higgins was ordered to pay J. •■» Mortland £l2 14s 6d forthwith, in de- v, fault 12 days’ imprisonment. . ; J. Allen was ordered to pay S, E., . Carson £2 Os 6d forthwith, in default--''" two days’ imprisonment. POLICE CASES. ': ;r : For riding a motor-cycle at night without a light along the Manaia road at ICaponga, on September 24, Phillip Tarawhiti, of Kaponga, was fined 20s Y;/ and costs 7s. ‘ ” !

Charged similarly for an offence on the Eltham road at Kaponga, Patrick Murphy was fined 20s and 7s costs. Iwi Aohia, for failure to register a\~ dog, was convicted and ordered to pay - costs 14s. ... “ ------ ■'*

DEFENDED CIVIL ACTION, Turner Glass and Paint Co., Ltd. (Mr • D. Clement) proceeded against Henry. L. Martini (Mr C. E. Monaghan) for £155 14s 9d. The case presented some interesting • a features. It arose out of a contract let to John G. Grant for the erection of four shops in StratfoW. "It transpired in evidence that Grant was a good worker, but a poor business man. He •>y had been occupied in building and con-v • tracting work fn various towns in Taranaki, but had not been successful. Haying secured the Stratford contract', it became necessary for him to secure r -:'- guarantors. For this purpose lie- ap- > proached Mr Henry L. Martini, a contractor of New Plymouth, who, with two others, assumed responsibility for Grant ’s finance up to £3OO. Grant submitted the details of the contract to ‘ ' them. It appeared to Martini. that there was a prospect of a satisfactory - margin. He wished to help. Grant who, he told the Magistrate, had had hard luck, was a good workef, and had'’ won the Victoria Cross in the war.- - : Among the sub-contractors were they , - plaintiffs, the Turner Glass and Paint : Co., Ltd., of Palmerston North. To- Y.’ getlicr with Smith and Smith, of'Well- 1 ington, they submitted, a tender for eer- •. : tain work. Mr Eustace, Campbell Turner went up to Stratford, and viewed Grant in Martini’s presence.' The evidence of Turner was to the effeet that Martini took a leading part in the conversation, and at all times appeared to be in the-., position of a partner. Ho was. engaged in. paying ... .the staff on the job. Turner considered that a lien would not be. necesT sary as Grant was backed by Martini,j _ Martini, in the course of bis evidence,, stated that he had never been anything ' more than a guarantor. He had lost over £3OO on the deal already. •• •-: t. The Magistrate, who had-previously-.-y: given judgment by default against .. _ Grant for the amount claimed, nonsuited plaintiff in the case against Martini. -

HAWKING BOOT POLISH* . P. Sullivan was charged that he. .did. ,i hawk or peddle goods, to wit boot polish, without a license in the borough of Eltham. Mr St. L. ReeVOs appeared for the Borough Council. A fine of 2Qs, with 17s 6d costs, was inflicted. - - -y