NAPIER MAGISTRATE’S COURT

Hawke's Bay Tribune, Volume I, Issue 89, 28 March 1911, Page 5

NAPIER MAGISTRATE’S COURT

TUESDAY, 28th MARCH. (Before Mr. S.E. McCarthy, S.M. > UNDEFENDED CASES Judgment was given in the following undefended cases : J. O’Kane v. Samson, £2/13/6, costs 7/6; J. W. Boyce v. A. Nilsson, £7/7/-, costs 23/6; Horton and Bate v. I. McCormick, £2/1/6, costs 7/-; Isabel Johnson v. S. Eversfield, £2, costs 7/-; Painters’ Union v. E. Manning, £l/7/9, costs 5/-; same F. Leeks, £l/8/6, costs 5/-; same v. F. Congdon, £l/4/3, costs 5/-; W. Ward v. Empire Picture Co., £46 11/-, costs £l/3/-, solicitor £2/3/3. A. Beecham v. A. Siston, £l/8/costs 5/-; Kennedy and Lusk v. G. McDonald, £l6/15/6; M. A. Torgensen v. H. Sargent, £5O/13/- costs 1/6. JUDGMENT SUMMONSES. Orders were issuwa in the iollow ing judgment summonses: F. Lauersen v. W. May, £B/1/6, to be paid in monthly instalments of £l. If any payment is not made the war rant will be executed for a month’s imprisonment with hard labour. - J. M. PHILLIPS v. H. AN SIMSON.

An action was brought by J. M. Phillips against H. lan Simson, for wages alleged to be owing. Mr. Lusk appeared for th® defendant and Mr. Cresswell f »r the plaintiff. Mr. Lusk pointed out that the plaintiff’s evidence was remarkably vague, as ht, had no 'xact knowledge of dates or even whether he had any claim for wages at all.

Horace lan Simson, sworn, said I Phillips worked for him at Clive The plaintiff came to him and said the merchants had closed lim up, and asked whether he would allow him to mill his butter at witness’ machine. No charge was made for allowing him to do this. Plaintiff asked him at a later date if he could do anything to get his pre mises back, and offered te go into his business as a manager. Witness consulted Mr. Weatherhead, who told him that if Phillips were put into the factory he would not lease the place to him. When Phillips asked for work, it was explained to him that only boy’s wages could be paid him, pending the collection of some accounts about Clive. Phillips was never put on the wages sheet as an employee. Once he had asked for money and witness left him £3 with Cleaver for >*ages. Phillips appeared perfectly «atis fied with the arrangement. After a dispute over a box of butter, Phil lips told witness that he could sue him for wages at b/-. The next thing he heard was the rece-pt of j. summons.

Charles Cleaver, assistant manager at the factory, remembered Phillips coming to work. At that time there was no necessity for an extra man. He understood Phillips was occupied at the factory for about three or four weeks. One pound was paid to him at one time, and on his finishing work £3 more was paid him. Phillips gave no notice it was understood he could leave when he liked. To Mr. Cresswell: He did not know if there was any arrangement with Mr. Simson about buying the butter that Phillips milled ; 8/- per day would have been very fair wage to give him, as he was only doing boy’s work. His Worship said that the wages received were ample, and judgment was given for defendant RENT CASES. NEAGLE v. HANSEN. Mr. Cresswell appeared for plaintiff, and Mr. Dolan for the defendant. The claim was for 17/1. Richard Neagle, a farmer residing at Taradale, deposed that he had a padclock which he let to Jeffares. The defendant came to him and said that as Jeffares was giving it up he would take the paddock on the same terms. To Mr. Dolan: He received £2 2/6 from Hansen, and did not send a receipt. The damage done to the gate was. in witness’s opinion, worth about 10/-. It took seven hours to repair the gate. After hearing the evidence, his Worship gave judgment for the defendant. Hansen. NEAGLE v. JONES. Another case, was brought by IL Neagle against F. Jones, cinun Tig 14.'-, the amount alleged to be due for one week's rent, 7/6, in lieu of notice, and also a claim for a broken window-pane. 7 -. Evidence was heard on both sides, and his Worship gave judgment for defendant. Costs were alowed to the amount of £l/14/-.