MAGISTRATE’S COURT

New Zealand Times, Volume XXXVI, Issue 8129, 24 May 1912, Page 6

MAGISTRATE’S COURT

THURSDAY. MAY 23. (Before Mr W. G. Riddell. S.M.) Henry Peter Webster, for stealing a suit of clothes from C. Smith’s shop in Cuba street, was sentenced to two months’ imprisonment. George Honor was sentenced to one month's imprisonment for deserting from the Opawa, at Napier, on January 3th. George Cornish pleaded guilty to stealing a watch and chain and pendant valued at £7, the property of Thomas Swan.—Mr P. J. O’Regan appeared for accused and asked for leniency in view of the man’s previous good character.— Chief-Detective Broberg stated that this was Cornish’s first offence, which was more the result of qver-indulgence in liquor.—Cornish was convicted and ordered to come up for sentence when called on. v Adeline Lilian May Francis appeared for sentence on. a charge of loitering and importuning in Ghuznee street and was ordered to bo placed in the Salvation Army Home for six months. Harry Thompson and Rox Mansfield, who stowed away on the Ulimaroa during tho voyage from Sydney to Wellington, were ordered to pay the amount or the faro £A 4s each, in default three weeks’ imprisonment. Frederick Price, charged with drunkenness. was also charged with committing an indecent act at half-past 12 yesterday morning. No one was about at the time. In view of these circumstances his Worship merely imposed convictions. . CIVIL MATTERS. (Before Mr W. G. Riddell, S.M.) COMMISSION ON A SALE. Reserved judgment was deliverd by Mr W, G. Riddell in tho case in which \V. A. Thomson, of Thomson and Brown, land agents, claimed from T, G. Macarthy, brewer, tho sum of .£3B 15s, as commission on tho sale of a property on Wellington terrace to a Mr Flavell at a price of .£1350. Mr J. J. McGrath, defendant’s counsel, disputed the claim on tho ground that plaintiff was not Macarthy’s agent for tho sale, but was acting for tho owner, Mr P. Heyes. Defendant’s position was really that of a registered mortgagee. His Worship held that Heyes was a mere cypher in the matter and had no say in the sale of the property whatever. Ho was owner merely in name. Defendant was the real vendor and had already

told Heyes that ho intended selling the property. His Worship thought it must bo taken that though defendant did not directly authorise plaintiff bo act as hie agent, yet he had told plaintiff that he intended to sell and knew that plaintiff was acting to bring about a sale which would be in his interest, and later acquiesced in plaintiff’s efforts. Further, before the contract was completed and the deposit paid, defendant knew that plaintiff claimed a commission from him, and knowing this, ho accepted the purchaser introduced by plaintiff and completed the salt* J udgment was given for plaintiff for the amount claimed. , Mr McGrath applied for. and was granted, leave to appeal. Mr O. Beere appeared for plaintiff. PORK BUTCHER SUED. A claim for .£l9 8a Gd was made by Hill and Barton, provision merchants, against G. H, Jones, pork butcher. The money was alleged to be the balance of the price of some hams sold and delivered by tho plaintiffs to the defendant. Plaintiff’s also set out that they had suffered damage from the breach by the defendant of an agreement made on February 23th, 1912, whereby defendant in consideration of plaintiffs not bringing an action for recovery of moneys against him, promised to pay plaintiffs on March 4th, 1912. the sum of £l9 8s 6d. In respect this alleged breach of contract plaintiffs claimed, alternatively, J2ID Ss 6d as damages. Mr E. M. Sladden appeared for plaintiffs, and Mr P. W. Jackson for defendant.

The defence was that the hams were bad. Evidence was given that forty-five had been condemned" by the Health Department. Decision was reserved. UNDEFENDED CASES.

Judgment by default was given for plaintiff in the following undefended cases:—■

Millar’s West Australian Hardwood’s Company, Ltd., v. Thomas Wallace, .£3 2s 6d, costs Ills; "New Zealand Times” Company, Ltd., v. John William Thompson,- <£2o, costs £1 6s; Onslow Borough Council v. Arthur Kilmister, costs 9s; J. B. Mac Ewan and Co., Ltd., v. J. R. Fogarty, £1 10s 3d, costs ss; Rosenberg and Co., v. Matilda Smith, £2 19s 6d, costs 7s; E. Reynolds and Co., Ltd., v. Victor P. Spiers, costs ss; Shetland and Co., Ltd., v. J. B. Qollins, £lO 8s 3d, costs £1 IDs 6d; John Nicol v. Mrs Ismena Smith, £1 7s 6d, costs ss; Colonial Tinware and Japanning Co. v. the Bijou Picture Company, 19s 6d, costs ss; Gordon and Gotch. Proprietary, Ltd., y. D. Duncan, £A 12s 9d, costs 10s; same v. V. Spiers, £ll 8s 6d, costs .£1 10s 6d; Georg© Pinnook v. Taurewa Hohia, ,£l7 ss, costs £1 17a Cd; Caeelborg and Co. v. Bell Brothers, .£2 3s 2d. costs 10s; E. W. Mills and Co., Ltd., v. Hubert Mead, £ls 17s Bd, costs £1 10s 6d; Wellington Gas Company, Ltd., v. Harry Hill, .£lO 3s, costs .£1 10s 6d; J. B. Clarkson and Co. v. J. Bums and Co., Ltd., £2 2a, costs 08. JUDGMENT SUMMONSES.

Francis E. East was ordered to pay P. J. Griffon .£43 12a on or before June 6th, in default one month’s imprisonment; Harold Lockwood was'ordered to pay Albert Joseph Mace .£6 16s 6d on or before June 6th, in default seven days’ imprisonment; Charles Bird was ordered to 'pay Haycroft and Parsons £l6 0b 6d on or before June 6th, in default fourteen days’ imprisonment; T. P. Lyons was ordered to pay Laws and Manning £ll 13s 6d on or before June 6th, 1912, in default ten days’ imprisonment; J. H. Weight was ordered to pay the Wellington Loan Company, Ltd., £l2 11s 5d in instalments of £1 per month.