MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7448, 24 May 1911, Page 8

MAGISTRATE’S COURT

TUESDAY, MAY 23. (Before Mr W. G. Riddell, S.'M.) DRUNKENNESS. Annie Winifred Dunn admitted drunkenness and "was fined 10s or fortyeight hours’ imprisonment. AN HABITUAL INEBRIATE. / Walter Thomas Miles pleaded guilty to drunkenness and to a breach of a prohibition order. For the first offence he was convicted and discharged, and for the breach, of the order (the fifth since November last) was ordered to be placed in Kotoroa Inebriates’ Institute for ono year. (Before Dr A. McArthur, S.M.) REPAIRING A LAUNCH. His Worship delivered his reserved do cision in the case in which James Bringins, boat-builder, of 'Wellington, sued Peter Heyes, accountant, Wellington, for .£lB 6s, the balance alleged to bo due, for work done and material supplied in connection with the fitting of an engine, etc., in the defendant’s launch Titania. The defendant sued tho plaintiff for A2O, alleging that Bringins agreed, for the sum of AflO and an old engine, to remove the old engine, fit in' a new engine and to effect certain improvements in the launch. Bringins, itfwas alleged, can tied out the work in an unskilful manner, and the claim was made consequent upon the loss alleged to have been sus tained through defective workmanship By agreement, both . actionb. wore heard together. The eases, said his Worship, Were most unsatisfactory to come before a court for the reason that the parties had entered into, oral agreements where there ought to have been some memorandum of agreement between them. JThe evidence of the principals was absolutely contradictory. ' -Ip the case in which Bringxns proceeded against Heyes his Worship could not say that there was an agreement bo do-all the’work for the sum of 310, nor was he able to say that the charges made were overcharges. He did not think they were. In Heyes v. ■ Bringins the evidence led him'to believe that the defendant, by bad workmanship’, did damage to the engines and there was a categorical statement sworn to. as to the work necessarily done bo repair that damage and the reasonableness of tho charges for doing that workEach party would . have judgment for the amount claimed under the equity and good conscience clause. No costs were allowed in either case. Mr J. C. Peacock appeared for plaintiff and Mr J. J. McGrath for defendant. ABOUT BISCUITS. . Tho Atlas' Biscuit and Confectionery Company sued Edmund Marriott, hairdresser, of Featherston, for ■£! 19s Id, as payment; for biscuits supplied. Defendant repudiated liability, ■ contending -that the order for the goods was given on behalf of his successor in 0. business in which he had engaged at the HuttAfter hearing evidence, his Worship gave judgment fox the plaintiffs for the’ amount claimed, together with costs, £l. Mr Putnam appealed for plaintiffs and Jir Toogood for defendant. . - UNDEFENDED CASES. Judgment for the plaintiff by default was given in the following undefended 'cases:—R. and B. Tingey and Co., Ltd., V. York and Sons, .£llO 16s 7d, costs £2 Os 6d; Robert -McGuire v. Wallace McGuire, -£7, costs All 3s 6d • same v. Edwin McGuire, A 3 7a 6d. costs 12s; Taxi-Cab Company v. Edward H. Barber, AllO 5s Sd, costs A 3 Oa 6d; Morris Fruhauf v. G. H. Harbroo, 37, costs All 3s 6d; Joseph Frederick Killigher, 32'2s 6d, costs ss; same v. Michael Mulcahy, 31 13a 9d, costa ss'; same v. Charles Lowe/34 11s 6d, costs 10s; Southern Sales, Ltd., v. Henry Bruce Mclntyre, 305 6s 6d, costs 34 6s 6d; R. Stent and Co. v. R. Cook, 33 10s, costs 10a; Hutt County Council v. Henry Whiteman, 38 Ms 2d, costs 31 3s 6d; Joseph Nathan and Co., Ltd. v. B. Harrison, 313 12s, costs 31 10s 6d; Clement W. Walker v. Thomas O’Doimell, 31 lls 3d, costs ss; Malcolm George Reid v. W. H. Moore, 39 Os 6d, costs lls; same v. J. Lucas, 33 3s 9d, costs ss; Minister of Mines v. Octavius F. Cook, 35 11s 3d, costa 13s; same y. Cole and Son, costs 12s; Patrick J. Griffin v. Frank Rhodes, costs 15s; Arthur T. Clarke and William A. Fla veil, assignees in estate of Peter McCardlo, v. James Fraser, 32 3s, costs 10s; same v. Peter McDonald, 310 is 3d, costs 31 lls 6d; Joseph T. Lewis-v. Alfred J. Hart, 35. costs 31 Os Gd; D.I.C. of New Zealand, Ltd., v. Harold Greville, 311, costs 31 10s 6d; A. A. Stowell v. Alexander Niekoz, 31 9s Bd, costs. ss; Gladys .Aitlcen and Una, Aftken v. A. Henderson, , costs 17s. JUDGMENT SUMMONSES. In the case of Atkinson and Bennett v. Henry Silk, a claim for 32 14s 6d, defendant was ordered to pay the amount on or before June Gth, in default three days’ imprisonment. Patrick Meehan was ordered to pay 34 8s 8d to G. R- Wilton on or before Juno Gth, in default seven days’ imprisonment. . In the case of the Wellington City Council v. Andrew Compton, a claim for 336 0s 3d, defendant was ordered to pay the amount on or before June 6th, in default fourteen days’ imprisonment. Harry Hooper was ordered to pav 312 3s 9d to Arthur Leedon in> monthly instalments of 20s. POSSESSION GRANTED. - Judgment was' given for tho plaintiff in the case in which John Mitchell sued Charles Henry- Smith for possession of premises and 37 10s. Defendant was ordered to pay‘ All 10s 6d, costs.