MAGISTRATE'S COURT

New Zealand Times, Volume XXXVI, Issue 8308, 20 December 1912, Page 9

MAGISTRATE'S COURT

THURSDAY, DECEMBER 19. (Before Mr W. U. Riddell, S.M.) Albert Edward. Thompson, eignteen years of age, was charged with stealing a quantity of groceries and articles delonging to Albert Harold Griffiths. Chief-Detective Broberg stated tnat accused had been living in the scrub on the heights above Seatoun. Ho had left a position, which, he did not like, and as he did not desire to borrow money from hi 3 widowed mother, he adopted the mode of living mentioned. Periodically he made descents on Mr Griffiths's premises, and committed the thetts. a situation had now been found for himThompson was ordered to come up tor sentence when called on. RESERVED J UDGMENT. bqum AND GOOD OONSCiKNOE. The judgment of Dr McArthur was delivered, in the case la which Ernest W. G. Coleridge, architect, of Wellington, proceeded against the W ellington Seamen's Union to recover the sum ot X 7 18s. The claim involved a dispute as to the payment of a gas account. Plaintiff sot out that ho subleased 6o the union tor a term of six years from January Ist, 1906, premises in Panama street. During its possession the union burned gas for heating purposes, and incurred a liability to the amount of iM 19s,' which he (plaintiff) had to pay. Plaintiff demanded the amount from the union, bur the latter had refused to pay. For the plaintiff it was stated that the lease provided that the landlord should pay all rates and taxes, and Mr E. P. DavilieUl, plaintiff's counsel-, argued um. such an item as a gas account did not come within plaintiff's liability. Mr P. J. O'Regan, who appeared for defendant, contended that as plaintiff had allowed his claim to lie dormant for over four years, and only made it when he had received notice of the union’s intention to determine the lease, he was estopped by conduct. Notwithstanding the absolute terms of the least, they must be interpreted with reference to the conduct of the parties. His Worship said that on the equity and good conscience clause the plaintiff had no claim, inasmuch as for over four years he had accepted the ordinary rent without any claim for the gas account. Judgment was given for the defendant with the ordinary costs. UNDEFENDED CASE. Judgment .by default was given in the case J. B. Clarkson and' Co., Ltd., v. C- Jones and Co.. Ltd., £26 15e 9d, and costa .£1 ss.