MAGISTRATE'S COURT.

New Zealand Herald, Volume XLIV, Issue 13496, 24 May 1907, Page 7

MAGISTRATE'S COURT.

_ „ UNDEFENDED OASES. , ' ' " Presiding over yesterday's sitting of the . magistrate's Court, Mr. C. C. Kettle, S.M., ] ' , gave judgment for plaintiff in the following •,, undefended cases: Arthur Cleave and Co., ; * Limited,, v. Edward James White, £5 135,. ' afcd costs £1 8s 6d; L. D. Nathan and Co., Limited, v. Mrs. J. Gracie, £11 13s lid, and costs £1 12s 6d; George Foster v. Archi-1 , bald Wallace, £35 105 3d, and costs £2 15s; V,' The' Surgical Supply Company, Limited, v. 'William Oairns, £5 J9s Bd,~ahd costs £1-3s )(&■ 6d; ,Ncw Zealand Loan »and Mercantile "'Agency Company", Limited, v. William f- : V • Henry Patterson £4' 4s . sd, and costs 1 10s; ' B. J. M. Kemp. v. James Martin, £4 4s, and costs 13s; Arthur Cleave and Co.. Limited, v. Ralph Dunne, £1 '2s 9d, . and costs ■ ss; r same v. Henry ' Stephenson, £1 Is sd, and costs ss; Auckland Hospital and Charitable Aidßoard jv. • William . Stuart Mackay, £14 l£s Bd, and costs 15s; W. A. • Thompson and Company v. Albert Lamb, /. u ;J £3 . 10s, and - costs Ifo; .• C. ;A. Hamlin- and - , -\ Co. tv. H. McCready, ,£3 lis 3d, and costs • . 10s J Robertson Brothers v. James Robert- . " son, £5 16s 4d,.ano: costs 10s; T. and H. , ? Cooke v. Mrs. Jane Brennan, costs only, 6s; • S. J. Best and Co. v. W. H. Franks, £4 " 4s 3d, and -costs 10s; Mrs. Matilda Copeland v. Mrs. A. M. Smith, £1 Bs,: and costs , £1 19s; Mary McClymont v. James Farrell, • £1 14s, and costs ss; T. Baster v. Henry }f'. . Jonos, 17s Bd, and costs 6s; J. H. Kinriear "v. E. L.' L. Pembroke, £4 ss, and costs ss; t Ebenezer Wood v. Robert' Wilson,' £20 Bs, ; -S { and costs £2 14s; F. College v. E. G. ||f r Clarke, £39 12s, and costs £2 14s; Mrs. ill Henrietta Kenny •v. - John Walker, ;£2 7s, Bwl and costs 13s; W. Monaghan v. .J. : Grant, . £8 7s, and costs £1 5s 6d; H. M. Smeeton, I Limited, v. Mrs. Brennan, lis Bd, and costs 6s. .; '■ ■' ' '■ A CLAIM FROM MELBOURNE. ; , . ■ Wooding and Co., of Melbourne, claimed \ ,--£2 Bs_6d from A. Jeffrvs, now of Auckland, ' . .as" being the value of goods supplied. J Mr. IjfeJ _'A. H. Krausc, of Auckland, the duly authorised agent of the plaintiff company, appearvj;'ed on their behalf. • Jeffrys, who was un- :: defended, . denied that the goods had been supplied to him. As Mr. Krauso was unable • to prove that the goods had , been supplied, His Worship gave judgment for the de- ;, fendant, ana allowed him 8s costs. AN ONION CASE. . McCarten Brothers, of Oriehunga, carters .. / and contractors, claimcd from A. B. Donald, i^Tirof:Auckland, trading as Donald and, Edenborough, merchants and auctioneers, the '■ sum of £20 10s 2d, as being the value of 80 , •" hags of onions, sold and delivered to the defendants. After Daniel McCarten had ; given evidence, tho case was adjourned until alf-past ;' nine ; this morning. Mr. J. R. , Reed appeared for the plaintiffs, arid Mr. • J.'Alexander for the defendants. ..'ll .. . » ' ABOUT A CHESTERFIELD COAV. hi , The Direct Supply Company sued Lawrence Nicholson, of Whakarcwarewa, bathcaretaker;- for the sum' of £6, being the ; • - value of a Chesterfield overcoat/ made' to , order. As a counter-claim, the defendant, o or whom Mr.- Singer appeared, claimed | Jv r \. £6 and costs from the company, as .well as ' :.v' £3 damages, for breach of "contract. ' , Nicholson first gave evidence on the ' . counter-claim. He said that one of the 1 company's - travellers had- taken his order ; ''■ for ( an overcoat, which was to be a " nico ; fit.'' : The price was to be £6. The coat did not fit, and when he took it' back to the ]::• company's tailor be was told that it must have been made for . somebody else. On 1 , ? . the tailor undertaking to put it'right, wit- •'/' ness left the shop. Before the coat was 1 '. returned he got a summons for £6. : !: In reply to Dr. Bamford, appearing for 1 the company, witness said it was at his own • : request that the collar of tho coat was .made higher than usual, and a pocket was ' ...made unusually large. ; i . Mr. Kettle: Did you specially ask for ' , the armpits to be made bigger. 1 .' . ' Witness: I left it to his discretion. y,' . ' (Laughter.) , ' : "Dr. Bamford, for the company, admitted s'. that the coat did not fit now, but the 1 "'v .:'- original cut. he said, was satisfactory. ' ' * Richard Thompson, cutter at tho D.S.C'., 1 ri , . said _that the original coat was .made• according to the defendant's' instructions in ' A.V; August, 1905, and it was delivered to de- - fendant. Later Nicholson came to town, :-/>'rand _ said that the coat was hot made as ' '', 4 originally requested. Witness denied that ' he had told the defendant that it must- , • . have been made for another man. A big j B r 'jr. collar was fitted to the coat at Mr. Nicholten's request, and the sleeves were lengthen,ed to cover the knuckles. Defendant had , > i worn the coat.- ' , After other evidence, the magistrate -said ; no would give his decision later. _____ '' " p... ■■ ■... _ ■ ' Lectures on "Fruit Growing" and "Fruit s ?, n £" and* "Poultry Keeping" at the Winter Show this day. ■ k v "' The . attention of : country visitors is I directed to Smith and C.aughey's groat show .- -/ iws '..-*pe.k; and famous-low prices. Musical attraction. ■■■ : " ';. v.-'v,.; 1•:' , ■' " . •• ■■