MAGISTRATE'S COURT.

New Zealand Herald, Volume XLIX, Issue 14934, 6 March 1912, Page 5

MAGISTRATE'S COURT.

MAKING BOOT TOLISH. At the Magistrate's Court yesterday morning, Mr. C. C. Kettle, S.M., delivered his reserved judgment in the case of Kenderdine and Kirkup v. H. Whittle. His Worship stated that the'matter had been allowed to stand over to enable the defendant to show that he could make a boot polish of the character he had discribed to plaintiffs out of certain ingredients, of which he had given details in the recipe he had sold to the plaintiffs for £25. As the defendant had not shown that he could make the material it could only be assumed that 'he could not. Judgment was therefore given for plaintiffs for the return of the £25 they had paid, with general damages equivalent to the interest on the sum at the rate of six per cent., from July 16 last, A CHINESE PUZZLE. David Hyauiason sued a Chineso fruiterer, named Monj; Lee, claiming £20 for damages he had sustained through his horse and trap being injured in a collision. One Loi Fo.i was driving a cart. Ho tried to cross the street in front of a traincar. and a collision with plaintiff's trap resulted." Plaintiff's son followed Loi Foi, and finding the nam« of "Mong Lee" on the cart which had caused the trouble, the present 'defendant, was sued, 'it being claimed that t.c, Mong Lee, as the owner of the vehicle, was responsible for the laches of his servant Loi Foi.

But defendant pleaded that he was not now and never had been the owner of a cart, and by way of further convincing proof stated that Loi Foi had never been in his $«rvice in any capacity, and had never been his agent in any respect. A good deal of highly contradictory evidence was taken, and eventually the case was adjourned until Saturday morning, in order that Loi Foi, the man who was driving the cart, might be brought up from Hastings, whither he had gone since 1 the accident. »

UNDEFENDED CASES. Judgment was. given for plaintiffs by default in " the following cases:—Alexander Wotherspoon, farmer, of Whangaripo, Matakana, v. Edwin Townsend, farmer, of Aria, £18 16s Id, costs £1 10s 6d; Geo, Court and Sons, Ltd., drapers, Newton, v. A. S. Newton, settler, Kohukohu, £5 17s lOd, costs £1 14s 6d; M. P. Poole and Co., storekeepers, of Whatatutu, v. John Carmody, contractor, of 110, Hob-son-street, £11 ss, costs £1 10s 6d; C. Dahl and Co., Ltd., importers, Auckland, v. J. B. Zortea, farmer, Matamata, £28 18s 6d, costs £2 10s; George Mcßride, tailor, Auckland, v. F. Amos, telegraph operator. Palmerston North, £i 10s, costs ss; J. B. MacEwan and Co., Ltd., produce merchants, Fort-street, v. Hepara Pera, settler, Herekino, £17 ss, costs £1 6» 6d; Arthur Cleave and Co., Ltd., printers, Auckland, v. James McWatt, general dealer, Invercargill. £1 10s 6d, costs ss; Same v. John William Spence, carter, Parnell, 10s, costs 6s; Mrs. Louisa Smith, 27, London-street, v. George Milne, 127, Grey-street, £1 4s 6d, costs ss; D. Dunne, hotelkeeper, Newmarket, v. John Carmodv, carpenter, Frankton Junction, £5 10s, costs £1 33 6d; Same v. Arthur Carmody, carpenter, Frankton Junction, £5 10s, costs £1 13s 6d; Same v. Alexander Bishop, plumber, Hamilton, £5 10s, costs £1 3s 6d; Taupiri Coal Mines, Ltd., v. A. M. Campbell, Te Kuiti, £6 3s 2d, costs £1 3s 6d; Walter Lambourne, ironmonger, Ponsonby, v. Charles liidward Burnand, sawmill hand, £1319s lOd, costs £1 lis 6d; Same v. Tasman Skeels, hoardinghouse-keeper, Takapuna, £7 6s Bd, costs £1 8s 6d; G. N. Bickerton, grocer, Nelson-street, v. J. Rigby. Albion Hotel, £6 14s lOd, costs £1 3s 6d ; Bollard and Wood, grocers, v. A. Ha'vord, saddler, Archhill, £1 19s, costs ss; Vl'igg and Co., grocers, Auckland, v. P. Burgess, jun., farmer, Te A roll a, £12 Is 4d, costs £2 18s 6d ; Mrs. M. Kinley, v. J. Burgess, 21, Norfolk-street, Ponsonby, £2 5s 3d, costs lis; E. Hussey, dairyman, Auckland, v. W. Brisbane, telegraphist, Ellerclie, £2 13s 9d, costs 10s; Cashmorc Bros., Ltd., timber merchants, Ponsonby, v. C.' Burnaud, woodturner, Ponsonby Road, £13 Is lid, costs 16s 6d; John Court, Ltd.. v. J. Gallagher, of Waipapakauri, £2 19s Bd, costs 17s; Robt. S. Reynolds, shipping agent, v. Captain Anderson (P.a. Kopu), £18 4s 9d, costs £1 10s 6d; Miss May You, spinster, of Auckland, v. E. E. Adams, 51, Ardmore Road, Ponronby, £12 13s (for rent), costs £2 2s; Hill and Plummer, Ltd.. oil and colour merchants, v. "H. W. Holbrook, Palmerston North, £3 16s lOd, costs 10s; A. B. Donald, Ltd., merchants, Auckland, v. T. Parr is, contractor, Rotorua, '£6 14m 9d, coats £1 3s 6d; G. Kronfeld, merchants, Auckland, v. J. P. Ryan, storekeeper, of To Puke. £26 10s Bd, costs £2 14s; Same v. G. N. Skeltoh. storekeeper, Wflitara. £1. costs 8s; Same v. T. Northcott . of Waitara. £2, costs 14s; Same .V. J. Mitchell, of Waitara, £2, costs 10s; Same v. C. G. Garlick, storekeeper, Taneatua, £16 4s sd. costs £2 5s 6d; Roope Bros., Auckland, v. Mrs. Emma Femmel, Napier. £1, costs ss; Same v. Mrs. E. Jane, Napier, 14s 6d. costs ss-; Same v. Mrs. L. Aufi worth. Napier, 17« Bd, costs ss; William A. Strachan, butchers, Hobson-street, v. Harry B. MeIntyro, carpenter, Haydn-street, Auckland, £3 10s sd, costs 13s; J. B. MacEwan and Co., Ltd., merchants, Fortstreet, Auckland, v. S. A. Johnson, dairy proprietor, Khyber Pass,. £5 10s, costs £1 4s 6cL . JV" *•. /..* * • :• r x' y Oy