MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 7930, 13 October 1911, Page 8

MAGISTRATE’S COURT

THURSDAY, OCTOBER 13. (Before Mr IT. G. Hiddoll, S.M.) ALLEGED THEFT'. Delia Pine, alias Booth, was charged with having on October 3th, at Wellington, stolen five £5 notes, the property of C arles Cass. On Sub-Inspector Sheehan’s application accused was remanded until October 18th, bail being allowed in the sum of .£3O and one surety of .£3O. Stanley William Wesley was, on ChiefDetective Brobcrg’s petition, remanded until to-dav on a charge of having on August 3rd stolen four bangles and a gold medal and pendant, valued at -£o, the property of Joseph Gardiner.' IDLE AND DISORDERLY. Alary Collins, who appeared on remand. charged with being an idle and disorderly person, and with having damaged cell property valued at 6s 9d, pleaded guilty, and was convicted nnd ordered to come up for sentence when called upon on the first charge, the condition being that she remained in the Salvation Array Home for six months. Accused was convicted and discharged for the second offence. Michael McGrath, alias Sharkey, was remanded for sentence until to-day on a charge of being an idle and disorderly person. INDECENT EXPOSURE. A remand was granted until October 16th in the case in which Walter Harris was charged with indecent exposure at the Lower Hutt. DRUNKENNESS. John Lawrence, for drunkenness, was fined AOs and a prohibition order was issued against him. CIVIL CASES. (Before Dr A. McArthur, S.M.) CLAIM AGAINST SOLICITOR. Louisa Harris and William Harris proceeded against Philip H. Putnam to recover the sum of 3211 11s. Air Pell, who appeared for defendant, said the claim was an outrageous one against a solicitor. Certain moneys were paid to the defendant on account of a purchaser, and the plaintiff now sought to recover this money. Without calling on the defendant his Worship gave judgment for him with costs. POSSESSION OF DWELLING. P. Brattle proceeded against W. 11. Brewer to recover possession of a dwelling in Rata road, Hataitai, and defendant was ordered to quit the house on or prior to October 26th. Mr C. R. Dix appeared for plaintiff. UNDEFENDED CASES. Judgment by default was given for plaintiff in the following undefended cases:—Empire Loan and Discount Co., Ltd., v. Gustavius S. ■ Davis, 3210, costs 8s; 11. Kahn v. Patrick McCarthy, £2 4s 6d, costs 10s; same v. Edward McCarthy, 16s, costs ss; P. W. Petherick v. H M.. Stowell, 327 Os -Id, costs £1 5s 6d; Coote and Sandstein v. Kura Love, .£2 12s Gd, costs 15s; H. Heimanu v. A. Murray, £1 7s, costs ss; Downs Bros, v. Geo. Osborne, £1 Os lOd; costs ss; ”N.Z. Times” Co., Ltd., v. Harold G. ‘Weston. Bs, costs 6s; Jos. Nathan and Cu , Ltd., v. Wm. Woolven, £ll Bs, costs £2 6s 6d; John Jos. McGrath v. Jesse Jackson, £9 19s. costs £1 6s 6d; Empire Loar Co., v. Madge Nichol, £1 10s, costs ?s • sam e v. H. M. Stephens, £6, costs 123. JUDGMENT SUMMONSES. Tarau Utiku Marumaru was ordered to pay the New Zealand Acetylene Gas Company £5 13s on or before October 36th, or undergo seven days’ detention. _ In the case of P. J. Shelton v. Marumaru, a claim for £44 0s 6d, defendant was ordered to pay the amount on or before November 2nd, in default one mouth’s imprisonment. (Before Mr W. G. Riddell, S.M.) ABOUT A PIANO. John Hall Plockton, dealer, of Wellington, claimed from Walter Smart, pawnbroker, of Wellington, £ls as damages for depreciation in value of a piano. Air D. G. Jackson appeared for plaintiff and Sir A. Dunn for defendant. It was alleged that on or about December 2nd, liW9, plaintiff purchased for cash from oue E. J. Paulkiner, of Wellington, n new Spencer piano, and to suit the convenience of the plaintiff the instrument was left at the business premises of E. J. I'aulkmer. On January 12th, 1910, it was contended that Paulkincr wrongfully and without plaintiff’s authority .pledged the juano to the defendant to secure the sum of £2O, and that on June 2nd, 1910, Paulkiner gave a written order upon the defendant to deliver the piano to plaintiff, but upon being served with the order the defendant refused to make delivery. However, on February 17th of the present year an agreement was made whereby defendant agreed to return to the plaintiff the piano upon the latter paying to him the sum of £2O previously advanced by bim and the amount of £1 Is to cover the costs of defendant in the negotiations between the parties. It was stated that plaintiff conformed to this agreement. The defendant, on June 27th, 1911, delivered. the piano to plaintiff, but the latter alleged that it had deteriorated in value by defendant permitting it to be used and otherwise damaged and rendered unsaleable as a new piano; hence the claim for damages. . Air Dunn contended that ,the point in dispute was mainly a question of law. Paulkiner was a mercantile agent, and Smart’s pledge made with Paulkiner as a mercantile agent was quite valid., An offer by defendant was made as a matter of grace to leturn the piano, but there was no admission that defendant was bound to do so. Therefore, if any damage was sustained defendant would not be liable. . ~r , . After hearing evidence his Worship reserved his decision.