LAW AND POLICE.

New Zealand Herald, Volume XXIX, Issue 8931, 15 July 1892, Page 3

LAW AND POLICE.

B.M, COURT.—Thursday. [Before Dr. Giles, R.M.] Undefended Cases.— each of the follow, ing undefended cases judgment was given for the plaintiffs : Elizabeth Hocran v.Amelia Cooper and Harry Cooper, claim 17s lOd (against Harry Cooper only), costs 13s ; C. b. b. George v. Mrs. Hope, claim £1 18s 4cL costs lis ; Macky, Logan, Steen, and Co. v H. Hansen, claim £28 6s 4cl, costs £3 13s • Arch. Clark and Sons v. Margaret Doran' claim £32 18s 7d, costs £3 13s ; Arch. Clark and Sons v. Hans Hansen, claim £47 3 6d costs £4 14s; Mohamed Eddris v. Mary Riley, claim £1 Ss 6d, costs 6s : B. J. M. Kemp v. J. F. Morrison, claim £20 5s 3d, costs £2 lis ; Fenton and Co. v. Frederick Chamberlain, claim £5, costs 18s 6d.

C. F. James and Co. v. George Niccol. —This was a claim to recover the sum of £33 15s, representing commission agreed to be paid on the purchase at Auckland of the barque Northern Star, which purchase was duly completed, and the vessel transferred from the vendor to the purchaser. This was evidenced by a certain memorandum, dated the 2nd of October, 1891, and accepted by defendant. The defendant was at present owner of the vessel, but declined to pay the amount claimed. Mr. S. Hesketh appeared for the plaintiff, and Mr. T. Cotter for the defendant. 0. R. Younghusband, one of the firm of James and Co., deposed that the former owners of the Northern Star had asked him to dispose of the vessel. Captain Norris, acting on behalf of the defendant and some others, offered £1300 for her. She was, eventually, sold to him for £1350, the owners agreeing to sell for that sum free of commission. Norris said that if the vendor would not pay the commission the purchasers would. At the time when the purchase was completed witness believed he heard Mr. Niccol's voice in the outer office speaking of the sale. The owners refused to pay the commission. On being asked, defendant refused to pay the commission, and said that Captain Norris ought to pay. He was willing to pay his share, but would not pay the whole. Both Norris and Niccol had promised to pay their shares, but witness took action against Niccol because he had nob paid up. Norris had not paid up, but witness had not yet proceeded against him because he wanted him to act as a witness in the present case. William Warren Batt, an accountant in the employ of the plaintiff, deposed that Mr. Niccol had stated to Mr. Youngliusband that he did not expect him to work for nothing, but that he would get his commission. Witness did not think that defendant was present when the sale note was given. The wort! "Accepted, G. S. Norris," was part of the press copy of the note. Mr. Niccol'a share of the claim was £20 0s lOd. A3 he owned 38-64ths. of the vessel. Witness charged defendant with that amount, but he declined to pay. Defendant said the commission should be paid by the seller. Witness believed that Mr. Youngliusband had informed the owners that £200 would cover all charges. Messrs. Niccol, Carlow, Pain, and Norris, were interested in the purchase. The transfer was made in the first instance to Mr. Carlow. He was certain that Mr. Niccol knew of the transaction before the 2nd October, 1801. When asked for payment, Captain Norris was the only one who admitted any liability ; the plaintiff looked to him to get it from the rest. Captain G. S. Norris deposed that he and Mr. INiccol had promised that the plaintiff should not lose his commission. Mr. Niccol eventually became the sole owner, taking over all claims on the vessel. According to the owners' cablegram it did not appear whether "free of commission" referred to the seller or the purchaser. The plaintiff was nonsuited, with costs £4 Is

POLICE COURT.—Thursday'. [Before Messrs. S. Y. Collins and G. S. Graham, J.P.'s.l Drunkenness.—Three first offenders were fined 53 each and costs, or in default twenty-four hours' imprisonment. John Lowe was lined 20s and costs, or in default forty-eight hours' imprisonment. Alleged Larceny.James Moses was charged that, on June 27, he feloniously stole from the dwelling-house of Thomas Quoi two shirts and two collars, of the value of as ; and one suit of clothes, valued at 425, the property of Frank Skeppington. On the application of Sergeant Gamble, this case wa3 adjourned till next day.