MAGISTRATE'S COURT.

New Zealand Herald, Volume XLVII, Issue 14492, 5 October 1910, Page 5

MAGISTRATE'S COURT.

A BUILDING CONTRACT.I.v the Magistrate's Court yesterday, befor Mr. C. C. Kettle., S.M., James Feeble, carpenter, of Newton, sued W. Dawson, of Queen-street, for £10 7s lOd, for extras on a building contract. Tho plaintiff had contracted to do certain repairs on an old' house at Sunnyeide, Mangere, belonging to tho defendant. The plaintiff stated that owing to the bad state of the timber, he considered he. must do a good deal of extra work, and for this he now claimed. The defendant contended that the work claimed for was covered in the contract, with the exception of some small work, which was well paid for by £1, which the defendant gave the plaintiff over and I above the contract price. The Court was engaged most of the day in the hearing of the case. His Worship nonsuited tho plaintiff. Mr. Burton represented the plaintiff, and Dr. Bain ford the defendant. GUMDIGGERS AT VARIANCE. Hearing of a dispute between two Austrian gumdiggers was commenced. Nikolo Covieh, for whom Mr. J. It. Lmidon appeared, was the plaintiff, and tho defendants, represented by Mr. Schnauer, were Sam Bebich and Tony Jakich, of Waipapakauri, trading as Sam Bebich and Co., gum dealers. Tho claim was for £07 19s 6d, representing a half-share in £167 odd, duo for gum supplied by the plaintiff to the defendants, less credit for stores received by tho plaintiff. The claim also included some £18 for wages. The plaintiff alleged that lie had entered '.into partnership with the defendant Jakich, to dig gum. Jakieh induced him to sell their gum to Bebich and Co., not disclosing that he himself was a partner in the firm. Bebich has since disappeared with practically all the liquid assets of the firm, and is supposed to have left the Dominion. Covicli is, therefore, endeavouring to recover the amount due to him from the remaining partner. Jakich's defence is that Covicli was also a partner in tho firm of Bebich and Co. The plaintiff's case, had not closed when the Court adjourned until to-day. UNDEFENDED CASES. Judgment for the plaintiffs, by default, was given in the following undefended cases :—Tho National Trading Company of New Zealand v. M. C. Lawson, llaurimu, £100; Petrio and Curin v. Mrs. B. McKenna, otherwise Mrs. Don. Hob-son-street, £2 19s; G. 11. Baker and Co. v. R. G. Donaldson, Whangarei, £4 18s 9d; Hill and Plummer, Limited, v. E. R.ingcley. Waihi, £1 10s; F. D. Woodroffo and Co. v. George F. Barakat, Thames, £52 17s 6d ; Michael John Bain v. Thomas Moorhead, Panmure Road, £3 16s: John W. Andrew v. A. C. Ford, Hobson-street, £3 8s 8d ; Jagger and Harvey v. Walter H. H. Lowe. Whangarei, £3; J. Parr v. R. G. Donaldson, Whangarei, £12 10s 6d; G. W. Hutchinson (liquidator of Leonard and Harrison, Limited) v. C. Cowper, Christchurch, £2 4s 9d : Arthur Cleave and Co., Limited, v. John McDonald. Wnikarnka, £3 2s 6d ; Wellington Importing Co. v. E. Smith, Nelson-street, £3 3s 3d ; Mary Jorgensen v. John Brunt, alias John Clark, labourer, £2; H. L. Friend v. T. Heath. New North Road, £36 13s 9d ; F. Prime v. E. A. Whittaker, To Aroha, £37 7s lOd ; Mrs. Emily Smith v. James Howell and Mrs. Annio Graham Howell. Hill-street, Newmarket. £4 4s 3d ; Harrison and East v. Henry Coe, Brighton Road, Remuera, £3 6s; Arthur Cleave and Co., Limited, v. Patrick Leahy Harnett. Lower Hutt, £13 7s 6d ; National Buying Agency v. Albert Svtner, Queen-street. £6 4s; Arthur Cleave and Co.. Limited, v. William Stokes, jun., Chm.tchurch, £17 10s; Smith and Caughey. Limited, v. Norman D. Stewart, Parua Bay, Whangarei. £4 6s 8d : J. Adams and Co. v. Campbell Bros., To Piihi, Te Awamutu, £21 7s 9d.