GORE MAGISTRATE'S COURT.

Mataura Ensign, 2 November 1911, Page 5

GORE MAGISTRATE'S COURT.

TO-DAY'S SITTING. .'. sitting of the Gore Magistrate's Court was held to-day, Mr H. A. Young, S.M., presiding.' DRIVER AND CROSSING. Thomas Buchanan appeared before the court to answer to tb© charge of having driven over tho Mersey Street crossing on October JO while a train was approaching. Sergeant Burrowes said that had the train not pulled up an accident would have occurred. The defendant said he did not see the train as his view of it was obscured by a truck. The magistrate inflicted a fine of £2 and costs 7s. CIVIL CASES. In the following cases .judgment wan give,, by default :-Wallis Bros. (Mr Henderson) v. B. Giles, claim for 19sand costs 8s; J. H. c. Watt v. Mrs P. Haydon, claim for £2 7s and costs 5«. JUDGMENT SUMMONSES. In the case W. Trembath (Mr Henderson) v. I». Hogan, who claimed £9 12s Gd on a judgment summons, Mr Henderson asked for an order for £4 14s Gd as part of the original claim. had been paid, 'i he order was made accordingly; in default, 14 days' imprisonment in luvercaigill gaol. 'Hie case, li_ J. Johnson (Mr Henderson) v. John Russell was a claim for £2 0s 6d on a judgment summons. The defendant said he paid the account. He did not know why his solicitor confessed judgment for the amount last April, because lie told) the solicitor he had paid the account. He earned 32s (k! per week and paid 17s 6d for board, and he assisted his mother. He got a keg of beer occasionally if he wanted it. The court made an order for payment of the amount on or before November 14; in default, 14 days' imprisonment. CLAIM FOR COMMISSION. The case of Liddcll v. Laidlaw and Gray, adjourned from last court day for legal argument, was further heard Mr Smith appeared for Liddell and Mr Inder for Laidlaw and Gray. Liddell claimed £l2 12s as commission on the sale of a piano through the firm's Gore agent, Mr Peunycuick. The firm had paid tho Gore agent for commission and did not recognise Liddell in the matter. It will bo remembered that the magistrate decided io favor of the plaintiff on the fact*, bu* adjourned the case to enable counsel to argue the legal points as to whether Laidlaw and Gray were legally liable. After Counsel had addressed the Court tho magistrate said I'ennycuick had no authority to employ Liddell, but it was quite clear that he had power to sell pianos and had charge of the shop at Gore. He acted as manager and hold himself out as such. He (the magistrate) considered that the public would come to the conclusion that I'ennycuick was manager and it was in his apparent scope or limits of authority to act as manager. The correspondence also indicated that Pennycuick was the company's manager. He i therefore gave judgment for £7 10*, j being at the rate of 10 per cent. <m I £7.1. ::nd costs £2 15s 3d.

Mr hider asked leave to appoj] which was refused.