MAGISTRATE’S COURT

New Zealand Times, Volume XXXVI, Issue 8181, 24 July 1912, Page 8

MAGISTRATE’S COURT

TUESDAY. JULY 23. (Before Mr W. G. Riddell, S.M.) ASSAULT. William John Williams pleaded guilty to assaulting the chief engineer ol the Zcalandic, because of being refused a discharge from the 1. Accused was lined JC2, with solicitor's feo id Is. REMANDED. Ernest Alfred Le Cren, charged with indecent behaviour in a shop in Riddiford street on .Monday, with intent to insult a female, was remanded until July Accused, for whom Mr E. J. Eitzgibbon appeared, was allowed bail in the sum of -fiso and two sureties of X'so each. DISORDERLY BEHAVIOUR. Henry Sandow, who caused some trouble in Mariners street on Monday night, was charged with disorderly hehaviour whilst drunk, and was fined 40s. SMASHED THE PANES. George Harding was fined 20s for breaking the panes of a window in a boardinghouse. He was ordered to make good the damage done. DRUNKENNESS. James Greig was fined Ids for insobriety, and for a like ofieuco Joseph Kenny and Pc-In Grant were each fined ill. CIVIL CASES. (Before Dr A. McArthur, S.M.) ACTING AS PRINCIPAL. In the case in wiiich tlm sum of .£125 for valuation fee of tho defendant’s property at Blenheim, also lor work, journeys, and attendances performed by the plaintiff in connection with tho erection of a theatre at Blenheim, also for the procuring of tenants for the theatre, was claimed by Cornelius Met!Uimull’, agent, from Edward Parker, cycle dealer, of Blenheim, reserved judgment was given by Dr McArthur. , “In my opinion,” said his Worship, ‘‘the plaintiff's case must fail inasmuch as he has not proved that he was an agent for tho defendant. I consider ho was acting as a principal throughout, and cannot therefor© claim for commission as an agent.” Judgment was given, for the defendant with costs. Mr J. J. McGrath appeared for plaintiff at tho hearing, and Mr A. Blair for defendant. NEGLIGENCE NOT DISPROVED. Reserved judgment was delivered by Dr McArthur in tho case in which Thomas Covordale, of Lower Hutt, proceeded against W. E. Lutz, butcher, to recover .£l2 17s 4d for damages for tho smashing of a plate-glass window in Old Customhouse street, through a horse and cart backing into it. Negligence on the part of defendant's driver was alleged by tho plaintm. His Worship considered it was tho duty of the defendant to prove that tho accident arose through no negligence of his and in his Worship’s opinion he had failed to do this.

Judgment was given for . plaintiff for the amount claimed with costs.

At tho hearing Mr O. Beero appeared for plaintiff, and Mr E. J. Pitzgihbon for defendant. UNDEFENDED CASES.

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

F. W. Petherick v. Arthur Albert McLeod, .£1 17s, costs 7s; W. Dimocfc and Co., Ltd., v. Robt. Fitzroy Spensley, .£ll 7s, costs .£1 10s 6d; Ellis and Mantou v. Ballinger Bros., Ltd. (Hastings), Xl9 4a 6d, costs XI 13s 6d; R. G. Dun and Co. (as assignees of Griften and Sons, Ltd.) vW. H. Franklin, ‘ifit 10s lOd, costs 10b; John Chambers and Son, Ltd., y. Ranhold Scholtz, XI 12s Id, costs ss; D.I.C. v. Augustus F. Chamberlain, £23 12s 6d, costs X 3 14s; Wellington City Council v. John Lawrence Turner, £2 13s sd, costs ss; same y. Ernest D. Benge, £2l 9s 6d, costs XI 3s; same v. Francis H. Walker, XlB 2s 3d, costs 18s; same v. Mercia Elliott, X 0 13s 3d, costs 9s; Rhimes and Co. y. W. Cook, £2, costs 10s; Sutherland Rankin© v. F. Ambridge, XI 15s 6d, costs 10s; Wollerman and Co. v. Loo Kee, X 29 16s 9d, costs X2 his; Henry Walker v. Harold Ogden, X 5 10s, costs Us. JUDGMENT SUMMONSES. Duncan Campbell was ordered to pay A. Avison and H. W. Williams, X2 15s ?d by August 6th.