MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7852, 14 July 1911, Page 5

MAGISTRATE’S COURT

THURSDAY, TOLY 13. (Before Mr W G.. Riddell, S.M.) THEFT. William Kennedy pleaded guilty to a charge of haring, on July 10th, stolen one ring, throe flannels, three shirts, one pair of dungaree trousers, one pair of boots, one razor, one strop, and one brush, valued at £5, the property of George Miles, and was remanded till Saturday for sentence. DRUNKENNESS. , For drunkenness Aroliibald Peachey and •Denis Downey were each fined 10s* or fortyeight hours' imprisonment. IMPORTUNING. For importuning in Taranaki street Bryda Sheehan was fined 40s or seven days imp rlsonment. MAINTENANCE. A charge against Frederick Johnston of failing to provide maintenance for an' illegitimate child was adjourned till Saturday. Mr K,. Kirkcaldio appeared tor complainant and Mr H. F. O’Leary defendant. Daniel O’Cailaghan, charged -with disobeying a maintenance order, was remanded to ( appear at Cambridge on July 19th. CLAIM FOR COMPENSATION. His Worship delivered his ixsaerveil decision in the ca&o in which the Now Zealand Farmers’ Co-operative Distributing Company, Limited, Allen street, Wellington, sued George Dome, fanner, of Paraparaumu, to recover the sum of £66 ICS alleged to be dne as commission on the sale oL a farm of defendant’s situated at John.eonrille, comprising 123 acres, sold to W. If. Beam ley at the rate of £2i) per acre, the commission claimed being at the rate •of 5 per cent, on the first £OoO and per cent, on the balance. Mr M. Luckie appeared for the plaintiffs and Mr E. b. for the defendant. When the plaintiff's case, vras closed, Mr Stafford said that before going into the defence he woxiid like to raise a point, which was something more than a nonsuit point. In fact he submitted his client was entitled to judgment on the ground that the contract of agency was not in the power of the company’s objects. The defence was a denial that any authority was given to the agent to act in the manner he did in connection with the sale. After reviewing the evidence and referring to the law'at some length, his Worship gave judgment for the plaintiff for £35 10s. together with costs amounting to £5 18s. CLAIM FOB PAINTING. Staudidgo and Co., painters and paperhangers, Wellington, sued H, Moult, electrical engineer, Wellington, for £3 15s, alleged to ho duo for work done in connection with the painting of a lift in the Occidental Hotel. After several witnesses had been heard his Worship gave judgment for tiro defendant with solicitor’s fee 10s 6d. Hr S, J. Moran appeared lor plaintiff aud Mr K. Kirkcaldie for defendant. (Before Dr A. McArthur, S-M.) ABOUT A GAS GENERATOR. F. J. Shelton, importer, Wellington, trading as the Heat. Light and Supplies Go., sued Hoary Bodley, settler, of Pohud, for £3l 6s, balance alleged to bo due for work done and goods supplied. Plaintiff had supplied defendant with an acetylene gaa producer, which defendant alleged did hot turn out a * success. Plaintiff contended that the difficulties, if any, experienced by the defendant, were the result of his own neglect in the use of the machine. Defendant's evidence hod been taken in Napier, and plaintiff’s story was heard yesterday. Mr C. R. Dix appeared for plaintiff, and Mr A. Fair for defendant. Decision was reserved till July 20th. UNDEFENDED CASES. Judgment was given for the plaintiff by ■default in the following undefended cases: A. L. Seoullar v. W. Hawthorne, £3 IDs, costa Us; John Norton v. T. Thompson, £9, costs £1 3s 6d ; 11. W. Maddox and 00. v.- Anthony Geoy, costa 10s; J. Myers and Go. v. W. A. Mcßoberts, £4 7s, costs 10s; Alfred Theodore Bradley v. Thomas Harley, £2 sa. costs 12s; same v. John N. Neno, £5 5s 6d, costs £1 3s 6d; Green and Davies v. J. P. H. McCarthy, -a— 16s 2d, costs ss; Schlaadfc and Co. v. Wm. Nelson, £8 12s, costa £1 3s 6U; Wellington Drivers Industrial Union of Work-era v. John Goode, £1 3s. costs ss; earn© v. Alexander Gough. *£l ss, costs 'ss; same v. Edward Gough, £1 3s, costs ss; came v. Chas. Henry, £1 3s, costs 50. JUDGMENT SUMMONSES. Wm. Donovan wa a ordered to pay £33 12a 7d to U. C. W. Stick on or before July 7/Jth, In default one month's imprisonment. Arthur Backhouse was ordered to nay £3 17s 6d to 11. Herman on or before July 27th, iu default three days' imprisonment.