MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7399, 29 March 1911, Page 3

MAGISTRATE’S COURT

TUESDAY, 31 ASCII 28. (Before Dr A. McArthur, S.M.) CLAIM FOR GOODS SOLD. Laery and Co. sued Charles Benzie, of Trentham, for *£2oo, for goods sold and delivered. The case had L-een previously before the court, but had been adjourned in order that particulars of the claim might be supplied and leave to defend given. The plaintiff had issued a second summons for .£l2 19s for interest on the .£2OO, but this claim had been abandoned, with costs 10s 6d for the defendant. Mr A. S. 3lenteath appeared for plaintiff and Mr Fair for defendant. Mr Menteath said the particulars asked for at tho last hearing had now been supplied. Mr Fair raised the point of the court s jurisdiction. He proposed to ask for a nonsuit on tho ground that as debt was a large one and tho extreme jurisdiction of the court had been invoked, the proceedings should bo entirely regular, whereas the summons was entirely irregular and these irregularities, be considered, put the matter beyond the Magistrate's Court. Mr Menteath thought that these technicalities were merely an abstraction to a just indebtedness. His Worship reserved his decision cn the nonsuit point till to-morrow. DISPUTE ABOUT TIMBER. The case of the Pukuweka Sawmills, Ltd. (Mr G. Toogood) v. Richard Keene (Mr O. Beere), a claim for .£37 12s 10d for timber said to be supplied, was adjourned till to-morrow. (Before Mr W. G. Riddell, 5.31.) A CLAIM UPHELD. Harris and Bastin, Ltd., engineers and importers, of Wellington, sued Frank Rhodes, hotelkeeper, of Stratford, for £8 9s lid, balance due for goods sold and delivered and costs agreed to be paid by the defendant in consideration of the plaintiffs taking no further action in regard to a previous summons. Mr Buddie appeared for plaintiff and Mr Evans for defendant. After hearing evidence his Worship gave judgment for the plaintiff for £6 is lid, with costs 10s and solicitor’s feo £1 Is. UNDEFENDED CASES. Judgment for tho plaintiff by default was given in the following undefended oases:—A. Murdoch and Co. v. Adam L. Linton, £9 10©, costs £1 18s 6d; Bates and Lees v. Robert Potte, £2 7s 6d, costs 10s; Smith and Smith, Ltd., v, John Searl, £1 19s, costs 7s; H. Holloway v. Harry J. Keogh, £2 ss, costs. 10s; Mag nus, Sanderson and Co., Ltd., v. E. Barlow and Co.. £4O 7s Id, costs £2 14s; Crawley, Ridler and Co. v. Walter -McGuire, £1 6s 6d, costs ss; same v. ochn Lane, £1 4s- 3d, costs ss; Australian Kodak, Ltd., v. John Edward Dawson, £9 15s Id, costs £1 3s Gd; Aro Hoi *6 Drapery Co., Ltd., v, Timothy 3loyniban, £2 13s 4d, costs 10s; G. R, WvlUn v. Patrick Meehan, £3 9s Bd, costs 12s; Wellington Drivers' Union v. Waiter Taylor, £l‘ 4s 6d, costs ss; , Wellington City Council v. Charles Henry Bird and Frederick Bird, £l2 19s Id, costs 7s. ' JUDGMENT SUMMONSES. Thomas Hatten was ordered to pay £1 13s-to the Wellington Drivers' Union on or before April 11th, in default three days' imprisonment. In the case of John Lysaght, Ltd,, v. William Baxter, a claim for £6 14s sd, defendant was ordered to pay the amount on or before April 11th, in default seven days' imprisonment.