MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7450, 26 May 1911, Page 6

MAGISTRATE’S COURT

THURSDAY, MAT 25. (Before Mr W. G. Riddell, S.M.) His Worship delivered his reserved decision in the case in which Charles Plimmer, of Boulcott street, proceeded l against tho Hutt County Council to recover J;is, made up of <£2s, the estimated cost of erecting 160 feet of dividing fenco between part of the plaintiff's land at Fiiznnierton (taken by the defendants under the Public Works Act, 1908) and the balance of tho land still owned by plaintiff', and <£2o for damage don© by cattle to the shrubs. Judgment was for defendants, . with solicitor's foo <£2 2s. A BOOKSELLER'S CLAIM. C. S. and P- Cording, booksellers, of Wellington, sued A. H. Hindmarsh,- solicitor, for <£3 11s 9d, for supply of the magazine "Argonaut,” between July, 1906, and December, 1908. Defendant contended that he had not received complete copies of the magazine, and that about the middle of tho year 1903 ho disputed the plaintiff's account. Notwithstanding this the " magazine was delivered till the end of the year. After hearing evidence his Worship said that the demands for payment for the paper had been very irregular. About the middle of 1908 defendant objected to take the paper. He had not objected to pay for tho papers up to that date. Judgment would be for the plaintiff for .£2 12s, cost of the magazine for two years, together with costs 6s. Mr Moran appeared for plaintiffs and defendant appeared in person. CLAIM FOR GOODS UPHELD. G. W. Wilton and Co., Ltd., merchants, Cuba street, Wellington, sued Charles W. Stephenson, mechanician, Wellington, to recover A'2 Is 7d for poods ordered and indented by the plaintiffs in April, 1910, as agents, at the request of the defendant. The goods, which included some brass balls, were refused by the defendant on account of the balls not being round. Defendant also contended that there were flaws in the metal of which tho balls were composed, and that they were, therefore, entirely unsuited to the purpose to which he wished to apply them. Plaintiffs contended that the goods were in accordance with the description given by the defendant when he ordered the goods. Judgment was • for plaintiffs for' the amount claimed, with costs *£l 13s. (Before Dr A. McArthur, S.M.) A MILK SUPPLY. Hits Worship delivered his reserved decision in the case in which Alice Marlin, widow*, dairy farmer of Upper i±utt, > sued Guy, Williams and Lake, milk vendors, Wellington, trading as the Wellington Dairy Co., for .£34 19s 6d alleged to be owing on 1199 gallons oi milk supplied to the defendants between Marcli Ist and 31st, 1911. Defend--1 ants admitted having received 1099 gallons and counterclaimed for £7 5s 6d, alleging that a contract between themselves and plaintiff was subject to one month's notice* and that plaintiff, aiter girting one week's notice ceased eunplying them with milk. As a result of this defendants were compelled for three weeks to purchase 40 gallons of milk daily elsewhere at an increased cost of 2d per gallon. The total of the increased cost was £7, and the defendants also claimed 5s 6d, a sum paid idr repairs to plaintiff's milk cans. Judgment was for plaintiff, with the usual costs. TROUBLE ABOUT A HORSE. Charles Wadlcy, stevedore, ox Eintoul street, sued Charles' Reid, hairdresser, of Taranaki street, for £*2s, being the value of a bay horse and delivered Oy the plaintiff to the defendant in the month of October, 1910. Tho horse, while in tho charge of the defendant in February, 1911, wms condemned at the instance of the Society for the Prevention ox Cruelty to Animals, and destroyed. Plaintiff contended that defendant had purchased the animal, but this was denied by defendant, who alleged that he had informed plaintiff shortly after the animal was delivered to" him that it was of no use, and that he would not purchase it. After hearing lengthy evidence his Worship reserved his decision till Juno •Ist. UNDEFENDED CASES. Judgment for the plaintiff by default was given in the following undefended cases: —"New Zealand Times” Co., Ltd., v. Bertram E. Cooper, £3 7s 3d, costs £1; Alexander Sample v. .Frank Kee, £-1, costs ICs; Empire Loan and Discount Co., Ltd,, v. Louis Harper King, £22, costs £3 Is; Karori Borough Council v. Geo. Hartland White, £2 5s 9d, costs ss; Thompson Bros, Ltd. v. John Herbert, £3 12s 7d, costs 10s; L. Caselbcrg and Co., Ltd., v. Margaret Brooking, £2 14s costs 10s; Mouat Bros. v. Arthur McLeod, £2 17s lid, costs 12s; Novelties, Ltd., v. Christopher Qx&no, £1 14s. costs ss; Alexander'Ross and Co. v. York and Sons, 12s 7d, costs ss; New Zealand Acetylene Gas Lighting Co., Ltd., v. Jas. Julius Ahlers, £9 12s 3d, costs £1 3s €d; Richard Keene and Jas. Reid v. Chas. Harding and Chas. Wm. Thacker, £4l 10s costs £3 Is; C. S. and P. Cording v ’Geo. Rowntree, £2 Is 9d, costs 10s; Avison and Williams v, Jos. McMillan, £9 12s 9d, costs £1 3s 6d; J as. Smith and Sons, Ltd., v. John B. Stephenson, £1 19s 6d costs ss; K-tfo and Graham v, Ernest Limbrfck, £8 ss, costs £1 3s 6d- Bing, Harris and Co., Ltd., v. H. Liston, £2 8s 9d, costs 10s; Hy. North and Co v. Joe Harrop, £3 2s 9d, costs ss; John Edward Jenkiueon v. Pearce and' McArthy, £2 17s <d, costs ss; Thomson, Lewis and Co. v. Wm. Inqlis, £7 15s 3d. rrvsts .El 3s Gd; Binq, Hams and Co., Ltd v, Alexander L. Monteith, 6s 6d. rests 5»- Georqe Edward Churches v. John Lane, Xl6, costs .£1 10s Gd. - JUDGMENT SUMMONS. - j T Harrison was ordered to pay F. R Resell and Co. £32 18s 8d on or before June Bth, in default fourteen days imprisonment.