MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7868, 2 August 1911, Page 2

MAGISTRATE’S COURT

TUESDAY, AUGUST 1. (Before Mr W. G. Riddell, S.H.) DRUNKENNESS. For drunkenness William Mylan was fined 203, or seven days’ imprisonment. CLAIM FOR GOODS AND INTEREST. W. and O. Turnbull and Co., Welling--ton, sued 1,. and .1. Philp. butchers, for A 29 15s fid, alleged to lie duo us balance and interest on an account for goods. Mr 11. Ji Evans, who appeared for plaintiff, contended that there had been a contract or implied contract for tho payment of interest, and that tho law allowed interest to bo charged after notice had been given. Mr A. Fair, on .behalf of defendants, applied for a nonsuit. The matter was merely one of nrrungemont. Varying lengths of credit were given to. different customers. Inlcrost was never charged without final notice being given. After hearing evidence his Worship reserved his decision. (iieforo Dr A. McArthur, S.M.) AN ARC’itITECT'S CLAIM. The hearing was continued of tho case in which James O’Dea. architect, Wellington, sued Martin Kennedy, Wellington, for JSI 7s, balance of .moneys alleged to bo due to plaintiff for work done in preparing'plana and specifications, otc., in connection with a building contract. Mr A. Dunn appeared for plaintiff, ahd Mr A. Blair for defendant. Judgment was reserved till August Bth. SADDLERS DISAGREE. Thomas McCall, saddler, of Wellington, sued T. R. jlusscll and Co., Ltd., saddlers, Wellington, for A'M3 7s Cd as damages, payments made, expenses, etc., in connection with an arrangement made to purchase a business at JtUmtervillo. Plaintiff set out that on or about. May ISth, JDJt, the defendant agreed to sell tho stock, fixtures and goodwill of a .saddlery business carried on at lluutervillo by F. j. Petlierick for tho cost price gt the stock and fixtures and to give possession on paymoutof tho prxeeThn amount to 1m paid was subsequently agreed on ns Alt) cash and A-l-5 6s 2d by a. promissory note, and on May 23rd the money was paid and the note given. The defendant, however, failed to give delivery, and was unable to do so up to and including May .’Kith, when plaintiff rescinded the agreement. Tho defendant counterclaimed for .£l9 special damages, and A 25 general damages, and alleged that the contract was conditional on the plaintiff employing F. J. Pctherick ns a servant in .the business for twelve months from tho date of the sale, and that plaintiff agreed to employ Pethorick- The plaintiff later declined to employ Pctherick and abandoned the contract and the sale of certain goods, and defendant suffered AlO damages us a result:. Legal and other expenses were also incurred by defendant. Mr A. Blair appeared for plaintiff, and Mr C. R.. Dix for defendant. After a partial hearing tho case was adjourned till to-morrow. UNDEFENDED CASES. Judgment was given for tho plaintiff by default in'the following undefended cases : —-Mary Ann I’erbam v. Patrick Gibbons, A’l 17s. costs ss; Wellington City Council v. Charles Frederick Lowman, Al, r i Its lOd, costs 17s; Thomas McDowell v. Alice Boytvi, ,£!l 10s Bet, costs 8«; “New Zealand Shipping Gazette” v. Havelock Green, A2 10s. costs 10s; Samuel Salok v. Herbert Francis, ACI) 10s 1 Id, costs At 2s; IV'. Parton and Son v. Edward Charles Ferris, ATO 17s (id, costs A 1 10s 6d; Maria Thornton v. Albert and Eleanor Lotitaby, Alt) Is lid, costs ,£1 13s 6d; W. and 0. Turnbull and Co. v. J. Allen, A 5 3s 6d, costs A 1 18s Gd; Bunny and Ayson v. Ellison and Co., Ms 6d. costs ss. JUDGMENT SUMMONSES.

George Ritson was ordered to pay A 1 18s to .Mrs Alice Doring on or before August in default three days’ prisonmentWilliam Stevens was ordered to pay A 3 Ms to Frost and Frost on or lieforo August 15th, in default three days.