MAGISTRATE’S COURT

New Zealand Times, Volume XXXVII, Issue 8527, 17 September 1913, Page 11

MAGISTRATE’S COURT

TUESDAY, SEPTEMBER 10. (Before Mr W. G. Riddell, S.M.) Cissy Knight was sent_ to gaol for quo month for being an idle awl disorderly person, in that she had. insuiticient lawful means of support. Agnes Wylie was sent to prison for twenty-one days for escaping from the Salvation' Army Home. , Mary Josephine Searle applied for a separation order from her husband, John Searle, on the grounds of persistent cruelty and failure to maintain. After hearing the evidence His Worship reserved Judgment. Mr Samuels appeared, for the defendant, and Mr E. P. Bunny for the plaintiff. - CIVIL BUSINESS. (Before Dr A. McArthur, S.M.) Dr G. Webster sued Thomas W. Rapley for £8 8s for professional attendance upon and consultations with the defendant, who had been treated for eye troubles. The defence was that tbe charges were absolutely extortionate, and that the plaintiff had not prescribed cituer . hrediicino or glasses for the defendant. On behalf of the plaintiff it was contended that only the customary fees for specialists ,uid been charged. His Worship gave judgment for the plaintiff for £o 5s ,ai(T costs. Mr Putnam appeared for „Uje plaintiff, and Mr Fitzgibbon for the' defendant. Moncneff and Young, Wellington, sued George Bevau, Mauakau,' for £SO, alleged to bo due in respect of an order given to the plaintiff by Daniel A r ees, builder, Mauakau, on Be van. His Worship reserved his decision until tho 23rd mst. Mr E. J. Fitzgibbon appeared for the plaintiff, and Mr H. E. Evans defended. RESERVED JUDGMENT. Reserved judgment was:delivered by Dr. A. McArthur, ’ S.M., in the case in which J. O’Brien and Co., carriers, sued Dayid Lewis O’Donnell, builder, of Auckland, for the recovery of the sum of £22 11s 6d for packing and removing defendant’s furniture from Kilbirnie to Auckland in March of this year. The defendant set up a counterclaim against the plaintiffs for the sum of £2B 12s, the items being £lB for damaged goods, and £lO 12s for goods not delivered to him in Auckland. His Worship said that the plaintiffs were not common carriers, but \yerc private carriers, who had entered’-in to a special contract with the defendant, and by that contract, and that only, could they he bound, unless there was evidence of negligence on their part. In regard to the two packages that were lost, His Worship declined to entertain the request of defendant’s counsel for a non-suit, on the grounds that the plaintiffs had not completed their contract. Judgment was given for the plaintiffs on the claim for £22 11s 6d, with costs, and also on the counter claim. Mr W. H. D. Bell appeared, for the plaintiffs, and Mr A. W. Blair defended. ’ UNDEFENDED CASES. (Before Dr. A. McArthur, S.M.) Judgment was given for the plaintiff by default in each of the following undefended cases:—Joseph Mother v. H. Stewart, £1 Os 6d, costs ss; Sims Hardware Co., Ltd., v. Henry Francis Redwood, £1 As 3d, costs 10s; Commissioner of Taxes v. David Andrews, £46 18s 2d, costs £1 11s; Dresden Piano Co. v. Arthur John Sabin. £l6 3s lOd, costs £1 X2s Gd; J. L. King v. Alice James, 13s, costs 6s; same' v. Bridget O’Connor, £1 10s, costs 6s; same v. Alice Moore, £1 10s, costs 6s; same v. Florence Loader, £2. costs He; J. Derbyshire and Co. v. Arthur E. Rees, £35 6s od, costs £3 9s; Windsor Manufacturing Co. y. Emma Johnston, £ll 7s, costs £1 10s 6d; samev. W. B. Everitt, £lO 14s 6d, costs £1 10& 6d; Tutunui Mateno v. Mary Collins, £2O, costs £6 14s 2d; North Co., Ltd., v. John Joseph Cassin, £l2 0s Id, costs £1 10s 6d; Isaac Sykes v. James Tullooh, £2 10s, costs 10s; Joosten and Murie v. MacKinnon and Co., £1 7s 6d, costs os; P. R. G. Knight v. Mrs M. Black, £2 3s, costs 12s; J. L. King v. Edivard Dooley. £1 12s‘ 6d, costs 6s. JUDGMENT SUMMONSES. ; A W. Stanley was ordered to pay Jerusalem and Co. £7 I7s by Septem her 30th. Frank Morton to pay Denhard Bread 00. £4 Is 4d by September 30th, B. Lions to pay J. Jacobs £3 4s 6d by September 30th, Joseph Brough to pay H. Kahn £4 7s 5d by September 30th-