MAGISTRATE'S COURT

New Zealand Times, Volume XXXII, Issue 7056, 18 February 1910, Page 8

MAGISTRATE'S COURT

THURSDAY, FEBRUARY 17. CIVIL JURISDICTION. (Before Mr W. R. Haselden, S.M.) JUDGMENTS Bl' DEFAULT. Judgment was given by default in the following undefended civil cases:—Win. Ryan v. Fred Montague, ,£2G, costs Xi. Js; Palmer Engineering Co., Ltd. (in liquidation) v. E. Benson, Xi Is 3d, coste Ims; G E Fownes v. liobt. Howard Taylor, £3 8s 6d, costs 10s; Elizabeth Armstrong v. Smedly Hedgland, £3 Bs, costs 13s; Kirkcaldie and Stains, Ltd., v. Airs Eliza Lee, .£6 5s 3d, costs .El 3s 6d; same v. James Harris, -C3 17s, 7d, costs 10s; Vacuum Oil Co. v. Sollwood and McMillan, JEIB lis 3d, costs .£llos Gd; Barber and Co. v. John S. Mitchell, X2 jos. costslos; T. and W. Young v. Syd. Evans, £3i 5s 6d, costs £2 Ids; Solomon liyam Myers, John Myers, and Philip Myers v. AVm. Graham Walker, £2 Ids Id, costs 10s, Wellinston Hospital Contributors v. Fredk. Henry Mover, £7 13s, costs ss; same v.' Robt. Dowtkwaite, £i lis, costs ss; same v. Philip McKenna, XX cost--ss; same v. Geo. Greeks, 4s, costs ss, "N.Z. Times" Co., Ltd., v. I. Harrison, ! £2 Bs, costs 14s; Smith and Smith, Ltd., v. Chas. Ernest Fisher, £S Us, costs ±1 8s 6d; Wellington Publishing Co., Etc!., v. Dr Edward Buckeridgc, £3, costs os; same v. John H. Evans, .£l9 Us 4d, costs 15s; Thompson Bros., Ltd., v. Jas. Mailer, 15s 3d, costs ss; same v. Jas. Mathewson, 10s 9d, costs ss; same v. Mrs Kathleen Horrocks, 13s, costs as; J. £• and Chas. J. S. Hareourt v. Iredk.. F. Barber, .£33 ss, costs £2 14s; Chas. Hill and Sons v. Robert Jillett, .£l4 12s, costs £1 18s 6d. JUDGMENT SUMMONSES. Orders were made as follows in the, undermentioned judgment summons cases: —Anglo-Colonial Importing Co. v. Harry P Evi'son, £i 2s 6d, amount to be paid on or before.3rd March, in default four days' imprisonment. - Henry G. Clarke v. Arthur B. Temperton, £l7 18s lid, amount to be paid on or before , 3rd March, in default eigliteen days imprisonment; Robert Anderson v. ired Davics £1 12s 6d, amount to be paid on or before 3rd March, in default 48 hours imprisonment; Mary Jane Dyson v. John Whitehead, .£lO 15s 6d, amount to be paid on or before 3rd March, in default 10 days' imprisonment.. No order was made in the case of Join Cabb Trickett v. Joseph Molloy, a debt of J3lO 15s 6d. T , , r In the case of Geo. Lambert v. Mary Young, an order was made that plamtiit recover possession by March 10th, the warrant not to be issued before February 24th. Judgment was given for plaintiff for .£6 8s 9d rent, and £1 8s 6d costs. A MTRAMAR HOUSE. An action was brought by Stratford, Ltd., against the Public Trustee (as executor of 0. J. Bartlett) and C. J. Bartlott, jnr., to recover the sum of .£54 4s 9d |for building material said to have been supplied. :. When C. J. Bartlett, senr., died, the late firm of Bartlett and Sons - was unable to complete a house which it had 6tarted to erect at Miramar. Plaintiffs were asked to take'steps to have the work finished. This was not done. Mr J. H. Smith purchased the land and comr pleted the house himself, using the material he found on the job. The contention of the defence was "that ' Smith had become liable to plaintiffs for the value of the material supplied. His Worship held that plaintiffs were entitled to the full amount from defendants. As tho estate of C. J. Bartlett, deceased, was said to be insolvent, and a I judgment might give priority to this claim, judgment would not be entered. Mr Von Haast, for the defendants, undertook that the: claim should rank equally with others which might be put in. The amount to be paid was .£54 4s 9d, with £5 17s costs. Mr Dix appeared for the plaintiff.

ALLEGED TRESPASS. An alleged trespass, formed the basis of an action between Matthew Moyiiihan, hotelkeeper, Pahautanm, and John Niool, storekeeper, of. the same place. Sir J. J. MoGrath . appealed for the plaintiff, Mr Brandon fur the defendant. It was alleged that defendant, against the will of Moiynihan, wrongfully and in an aggravating and instating, manner, entered on ■ plaintiffs land and premises and forcibly took possession of about thirty sheets of iron, to which he was not entitled. Plaintiff sued for £lO special damages in respect of the trespass and wrongful entry, and for £1 10s as beins the value of the iron removed. After hearing evidence his Worship gave judgment; for defendant, with £1 Is costs. PROFESSIONAL SERVICES. A claim of £l9 5s 6d was brought against Mrs Matilda Gilchrist by Dr Pigeon for professional services renMr von Haast, for plaintiff, said Dr, Pigeon had attended defendant's son, a mam. of about thiirty, Who had since died. Defendant had asked plaintiff wlhot his account would bo, and had requested him to render it to her. Mr Fair, far the defendant, said she was a feeble old lady, without means, and contended that she was not liable for the amount/ > „'■.,.,. ~ , Judgment was given fox: the defendant. NOT SUCCESSFUL. Judgment was delivered in the case of Louis Daroux, photographer, Wellington, v. Charles Harper,: commission agent, a claim of £sl 2s. Defendant was authorised by one Edward George Fulton, of Petone, to pay plaintiff £49 out of moneys'received by the defendant from mortgage moneys advanced on the security of a house in . Queen s road, Lower Hutt. Defendant had duly received the said money, but had failed and declined to pay tie amount of the order to plaintiff. _ ~,.'.,' i Kis Worship considered that the document which had been sued on was not a bill of exchange, was not accepted as sucih. and also that plaintiff had failed to show that the condition on which defendant had agreed to pay certain moneys to plaintiff had not been .fulfilled ■ Plaintiff would be nonsuited. Mo- Dix appeared for the plaintiff and Mr Young for defendant. BREACHES OF ; AWARDS. Three employers were proceeded against by the Wellington Furniture Trades Union for alleged breaches of the award governing the trade. Ine first defendant, Albert Charles Hunt, according to Mr Fitzsibbon, had engaged an apprentice employed by another cabinetmaker because he did not feel disposed to pay a Worker the rurl wage. The maximum penalty was asked for in this case. _ ' I In the second case, against 7onn i*uy Marshall, an additional apprentice had been' engaged, whereas- the employer had not the necessary number of joumeyEdward Collie, the third defendant (Mr H. D. Bell), was charged with having deducted a portion of an employees wages because he had. made mistakes. Plaintiff union considered that if such a practice was allowed there would be no such thing as a standard wage. The uniou thought the offence had been committed unwittingly. Hunt was ordered to pay a penalty of £5, and Marshall was convicted and ordered to pay the costs. The defendant Collie was fined 10s and £1 6s costs. His Worship intimated in connection with this case that ignorance on the part of an employer would not be accepted as an excuse in the future. (Before Mr W. G. Riddell, S.M.) LIABILITY OF OFFICE-BEARERS. Officials of the Hutt Valley Coumnj; Club—J. E. Fitzgerald, cycle-dealer, president, and James Williamson, of the Government Printing Office, secretary — were proceeded against by the Hutt Val-

ley Cour3ing Club for ,£ll 5s alleged to be due for the carrying of . hares and other goods. Mr Samuel appeared for tiie plaintifis, aud Mr Jackson Tor ihe defendant Fitzgerald. I'laintiii's counsel contended that mere

a-.-.j-iatiou with a club of this sort, which had no legal standing, rendered n. per.-on liable. There was no occasion for him lo b:> a member of the club to make him responsible lor a proportion Oi its debts.

Mr Jackson argued that the plaintiff company was not justified in picking cut two men to sue on behalf of the club because, even if thev were members, they would not be liable. Individual member* were not liable for the debts of their elub.-. Their onlv responsibility was in regard to their own subscriptions. Defendant Fitzgerald stated that he had been president of the club for three years, but had never been elected a member. He had only given donations to the club. William-on said he was not a member of the club, but only acted as secretary, without remuneration. His Worship held that honorary members were not, liable for tho debts of thair club. Plaintiff was nonsuited. ino costs were allowed. TRANSACTION IN GO-CARTS.

Reserved judgment was deliveied in the case of Reynolds and Co., Ltd. (Mr Murphy) v. J. Hayden (Mr Gray), a claim of Jill- Gs for goods sold and delivered, or, in the alternative, .£l4 Gs for damages sustained by reason of defendant refusing to accept and pay lor the goods. Plaintifis are importeis, and defendant a furniture dealer at New Plymouth. Plaintiffs' traveller sold defendant a nnmbor of collapsible go-carts on certain terms. Defendant contended that the go-carts did not come up to the standard stipulated when tiie contract was entered into. Judgment was given for defendant, with £3 13s costs. Leave to appeal was asked for, the security being fixed at .£lO 10s. '