MAGISTRATE’S COURT.

Manawatu Times, Volume XLIII, Issue 14206, 3 September 1919, Page 2

MAGISTRATE’S COURT.

(Tuesday—Before Mr J. L. Stout, S.M.) DRUNKENNESS. A young man (a first offender) was charged with drunkenness. When accused was arrested in Church Street he had on his person the sum of £42. He was subsequently bailed out at 10/. There was no appearance of accused, who was convicted and fined the amount of his bail,. CIVIL BUSINESS. Judgment by default was given for plaintiffs in the following undefended cases:—Hodder and Tolley, Ltd. (Mr Gordon) v. J. B. Better, claim £53 8/3, costs £3 9/(5; James Marr (J. B. Wither) v. Coleman Weingott, claim 18/(5, costs 10/; Hodder and Tolley, Ltd. (Mr Innes) v. W. J. Reid, claim £2B 18/1, costs £2 14/; Beattie and Co. (E. O. Hurley) v. Annie R. Matthews, claim £72 10/, costs £4 6/; Barnao Bros. v. W. J. Magill, claim £4 2/6, costs 5/; Nathan and Co., Ltd. (Mr Jacobs) v. C. Fitt, claim £2 5/, costs 13/; Pullar and Burrows v. Adolph Feck, claim £1 10/, costs 5/; W. H. Skinner and Co. (Mr Innes) v. W. E. Hyde, claim £2 19/11, costs 14/; Dawbcr Motor Co. (Mr Rutherfurd) v. E. Smith, claim £ls 8/, costs 23/6; Whakaronga Dairy Co., Ltd. (Mr Fitzherbert) v. W. J. Farland, claim £2, costs 13/; C. M. Ross Co., Ltd. (Mr Innes) v. C. Wilson, claim £2 1/4, costs 10/. JUDGMENT SUMMONS. In a judgment summons case, A. McKenzie was order te pay Grace Burges the sum of £6 7/ forthwith in default 14 days in Wellington prison. * A CLAIM DISMISSED. Messrs Watchorn and Co. (Mr A. M. Ongley) claimed from George Barnes Walker (Mr Innes) the sum of £lB 11/9. Mr Ongley stated that the sum claimed represented the difference in the interest at the ordinary rate and the penal rate on a mortgage obtained by plaintiff from defendant. The loan was for £IOOO. The rate of interest was 10 per cent.' if paid within 14 days but otherwise 12 per cent. Included in the terms was a provision that the loan should bo reduced by £IOO per quarter. Counsel contended that the rate of interest charged was altogether harsh and excessive. Mr Innes (counsel for the defence) contended that it would be ridiculous to say that the terms of the mortgage were harsh, as defined by the Act. So long as the terms of the mortgage were complied with, only the 10 per cent, interest would have been charged. His Worship, in giving judgment, said it seemed the terms were suggested by Mr Watchorn and the interest seemed to bo the ordinary rate of interest which was recognised by the MoneyLenders ’ Act. Ho did not consider the terms wore harsh. Judgment was given for defendant, with costs £2 2/. CLAIM FOE DAMAGE. A SALE OF SHEEP. John Koarins (Mr J. P. Innes), farmer, of Kairanga, proceeded against John Robertson (Mr Moore) for the recovery of £9 8/, damage owing to failure to take delivery of 35 sheep. The evidence ' for plaintiff showed that on July 10 last at a stock sale he offered 35 sheep for sale through Messrs Dalgety and Co. and they were sold for 36/6. The sheep were described as ‘Mat and empty. ” Defendant had refused to take delivery of them because they were not as represented. The evidence of the auctioneer showed that when the sheep were offered it was stated they wore fat and empty as far us the owner know. The sheep were resold at a loss of 4/ per head and this amount, with commission, represented defendant’s claim. For the defence witnesses were called who stated that upon examination of some of the sheep after the sale, it was found that they were not empty as described. The sheep were required for human consumption and if taken to the abattoirs they would have been rejected on killing. After lengthy evidence was taken His Worship reserved decision.