MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7864, 28 July 1911, Page 6

MAGISTRATE’S COURT

THURSDAY, JULY 27. (Before Mr W. G. Riddell. S.M.) DRUNKENNESS. For drunkenness Albert Whyte and William Mvlan were each fined 10s or forty-eight hours’ imprisonment. (Before Dr A. McArthur, S.M.) SUPERVISOR’S CLAIM FAILS. His Worship delivered his reserved (lecision in the case in which David Clark, agent, of Manners street, sued Amy S. Barroclough, of Myrtle crescent, Wellington, proprietor of the Barra- | clongh Herbal Proprietary,. for A 56 4a for services rendered in the supervision of the defendant’s business agd. expenses incurved in the discharge of plaintiff’s duties. Defendant countewelaimed for A3O 15s Id, for balance of money received by the, plaintiff for the use of tho defendant and not accounted for. _ ■ | After reviewing tho evidence his Wopship gave judgment for the defendant in both the claim and counterclaim, i with costs. • . I Mr E. Samuels appeared for plaintiff and Mr K. Kirkoaldie for defendant. An application for a rehearing of tho case is being made. LOAN OR DEPOSIT? George Haigh, clerk, of Wellington, sued James McGoldrick, of Waingaiya Meat Works, near Masterton, fpr A 3 for money lent and not repaid. For the defenoe it was contended that tho money was given as a deposit on a purchase and not as a loan. MP Hoggard appeared flor. plaintiff and Mr E. J. Fitzgibbon for defendant^ After hearing plaintiff's evidence his Worship held that he had failed to prove his ease and granted a nonsuit, with costs A 1 Is. j CLAIM FOB COMMISSION. William H. Turnbull and Co., land and estate agents. , Wellington, sued Alfred Coles, settler, Hutt road,-Petone, for A 25 12s 6d for work, journeys and attendances of the plaintiffs for the de- ■ fendant at his request in connection I with the sale to S., A. Cope of a property at : Hataitai, which was owned by thie defendant, and which it was alleged he had agreed to sell for A 825. Tho claim was made up as follows: 5 per cent, on tho first A2OO and 2J per cent, on the balance of the purchase money. Mr A. Blair appeared for plaintiffs and Mr J. J.__McGrath for defendant. After a partial hearing the case was adjourned till Monday. UNDEFENDED CASES. Judgment for tho plaintiff by default was given in the following undefended cases: —E. W. Mills and Co. Ltd., v. Groohy Bros., A 35 13s 6d, costs A2 14s; H. L. Feed v. Frederick Leslie Howard, ,£1 13s, costs 7s; Fordo and Co.. ■ v. I Richard Full-brook, X“2 4s, costs 10s; "New Zealand Times” Company, Ltd., v, 1 Evensou, A 3 10s, costs 13s; same ■v.• D. H. Prior, A 5 8s 4d, costs A 1 3s 6d; Cadbury Bros., Ltd., v. J. Palmer,'A2 18a fti, costs ss; R. and E. Tingey and Co., Ltd., v. Arthur Edwards, A2 14s, costs 11s; W. H. Nash v. John' Sutherland, A 0 5s 9d, costs ,£'l 3s 6d; Edward Jinaerson and Co., .Ltd., v. M. Spena Black, A 1 2s Gd, costs 6s; Schneideman Bros. v. C. A. Scott, costs 10s; Donald Robertson v. Walter Axel Evenson, .£1 3s sd, costs ss; the Wellington Publishing Co., Ltd., v. E. Bates, AlO ss. costa A 1 5s Cd; same v. Mrs B. Flynn, A 3 5a lOd, costs ss. JUDGMENT SUMMONS.

E. W. Olliver was ordered to pay A 4 2sto F. E- Green on. or before August iota.