MAGISTRATE'S COURT

New Zealand Times, Volume XXXIII, Issue 7850, 12 July 1911, Page 5

MAGISTRATE'S COURT

TUESDAY, JULY U. (Beloro Mr W. C. Kiddcll. S.il.) ALLEGED FALSE rEETEXCES. Fran!: P BrafoTd, oharged with having on or about March 13th. at Hunteryille, fraudulently obtained irom William Dwyor tho sum of £l2 by means of a false pretence, was remanded to appear at Huntexville on July 18th. DISOEDKELY BEHAVIOUR. Frank Council was convicted of having behaved in a disorderly Banner in Gourlonay place, and -was fined £>s or seven days' imprisonment. For a »iniilar offence, Joseph Kenny, alias Morriscy, was fined 20s. in default reven days' imprisonment. DRUNKENNESS. Pa-trick Ruddy was convicted of drunkenness, and was fined 20s or seven days' imprisonment. William Severn, charged with having been found helplessly drunk, was remanded till July 18th for medical treatment. LASDLOBD AND TENANT. Charles Henry Ifemond, assurance superintendent. Wellington, sued M. J. Ford, contractor, of Miramax, lor £23 2s, madeup as follows: £i JOs rent, lor use and occupation of premises at Miramar, lor the month of M:iy, 1911; £l6 IDs, being damag*js for breach of agreement whereby the plaintiff agreed to lease the premises to tin-, defendant for a period of tax months at a monthly rental of £5 103: and £1 2s, being damage caused to the property by reason of the untenantliko use of tho premises by tho defendant. Defendant oountei claimed for £l3, made up as follows: £3, bong oast of grazing a horse lor fifteen weeks at 4s per week; and £Yi as damages lor expenses incurred ior medical attendance on three patients buffering from diphtheria and for Hospital charges, etc. Tiic uef'ondant con-tended that the agreement between himself and the plaintiff was subject to the plaintirt' putting a drain in the piv.mise.6 for the purpose of carry ing off refuse water, and effecting other repairs to the premises in order to make them habitabl-3. The plaintiff. tailed to put ; n the drain, and defendant therefore Contended that he had committed a breach of the agreement. In consequence of the :p!aiiitiff having failed to put in the drain Itho refuse water remained ou the premises, as a result of which throe inmates of the house contracted diphtheria. i)c:foud;tnt also alleged that tho house leaked to places so badly that the rooms affected Ibecame uninhabitable. Mr V. E. Merclith appeared for plaintiff, land Mr P. W. Jackson for defendant. After hearing evidence his Worship reserved his decision. INTEEPEETER'S CLAIM. Henare Taare M'otonare, licensed intorjpreter and native agent, Wellington, sued iTere Mae-he. alias Tore Kopata, native iwoman, Otaki. for £l3 10s for services renaiered and money lent. Mr Ward appeared for plaintiff , and Mr H. F. "Von Haast for defendant. \ I After bearing evidence his Worship gave 'judgment fcr the plaintiff for £ll lis 6d, together with costs £3 153. A BUILDING CONTRACT. "William Henry Nimmo, builder, of Wellington, sued Walter George Foster for, (£36 16s, balance alleged to be duo on the Contract made between tho parties for[the erection of defendant's house at Waiiwetu. Lower Hutt. Defendant counterclaimed for £26 5s as damages in respect to plaintiff's failure to complete the work twithtn the contract time. From the eviIdenee it appeared that by tho contract it) Iwaa provided that if the plaintiff faJledl (to complete the work within the specified; period he should pay the defendant £1 : Per day for every day tho work remained nflnished after that time. After a partial hearing plaintiff contented to a non-suit. , . Mr 3. J. McGrath appeared for plaintiff- and Mr Troadwell for defendant. STATIC-NEKS DISAGREE. The hoaxing was continued of tho case in which Flora Emily Craig, stationer, of ■59 Vivian street, sued Anne Trillo. of 69 IVivian street, for £lO as damages sus-. t»incd by plaintiff by reason of tho de•fondant not delivering goods bargained, fend sold by the defondant to iheplaintiff on Aoril 28th, 1911. Charles Seymour) Trlllo," husband of Anno Trillo, sued Wil-I liam Craig, husband of Flora Emily Oraig,| for £2O, being the balance due by the de-i Sfendant to the plaintiff in respect ,of the. sale of the stock-in-trade and certain fit-. .tings of a shop. . Mr 11. Machelle appeared for tho Craigs,) land Mr J. E- Fitzgibbon lor the Trillos I The parties to the disputes were the octeupiera of stationers' shops in Vivian . (Street. The trouble arose out of the salo of Mrs Trillo's business to Mrs Craig. Decision was reserved. UNDEFENDED CASES, i Judgment was given for the plaintiff by tfefault in the following cases: l Mackay, Logan, Cala-well and Co: v.) Eyan and Lesuour, £l3 9s 9d, costs £1 llsi 6d: James Pridmoro v. Thos. James O'Ha-l can, £5, costs £ll 3s. 6d;' Bates and Leesi v. Hongist Groville, £ll 33, costs £1 10ai 6d; same v. Walter L. Davidson, £1 3s ed,; costs ss; Howard and Co. v. Justin F. H.i McCarthy, £3 Bs. costs. ss; E- G. Don and| iCo. v. Walter Hy. Wilson, £3O lis, costs; Slfc JUDGMENT SUMMONSES. William Hy. Shepherd was ordered to Say £ls 6s 6d to Walter Whiting on or before jJuly 25th, in default fourteen days imprisonment. „ ~ t 1 John Hughes was ordered to pay £8 11» 5d to the United Farmers' Co-operativo Association, Ltd., on or before July 20th. Sn default seven days' detention. 1 Jas. C. V. Kirkwood was ordered to pay, |£« 10s 2d to A. and T. Burt, Ltd., iu| I ■weekly instalments of ss.