MAGISTRATE’S COURT

New Zealand Times, Volume XLII, Issue 9633, 13 April 1917, Page 7

MAGISTRATE’S COURT

CIVIL CASES AN IMPORTANT DECISION. Tho Infancy Contracts Act was involved in an important decision delivered by Mr L. G. Reid, S.M., in the Magistrate’s Court yesterday. The parties concerned were Mrs E. M. Price, widow, of Auckland, and executrix of tile estate of the late Isaac Price, plaintiff. who claimed from Thomas G. Cox, clerk, of Wellington, defendant, £o 13s 6d, representing interest on the sum of £9A os in regard to the purchase of a section of land at Lower Hutt, The facts of the case were that in 1903 defendant bought a section from the late Isaac Price, at which time defendant was an infant. Defendant tailed to pay the interest, and consequently the money had to be paid by plaintiff. For the defence it was claimed that at the time the land was purchased defendant was a minor and was therefore entitled to repudiate the contract as being void. . . _. , In the course of his decision Mr Beid said that the case was on all fours with a case cited in which tho Supreme Court held that the repudiation must take place within a reasonable time after the minor became of age. Judgment would be given for the full amount claimed, with costs -81 16s. . Mr E. P. Bunny appeared- for plaintiff. and Mr P. W. Jackson for defendant. CLAIM POE RATES.

The Public Trustee sued John Henry Dillon, builder, of Palmerston North, for the sum of >£3s 13s Id, being rates due by defendant to the Palmerston North Borough Council. The amount in dispute had been paid by plaintiff for defendant in respect to his land, over which land plaintiff held a mortgage. Judgment was entered for the full amount claimed. OTHER CLAIMS.

Arthur C. Hose, tobacconist, of Weilington, sued William Collins, refreshment room proprietor, of Wellington, for the sum of £5, being the oosl of painting done for defendant. The defence was that the agreement price of the painting was .£3. The Magistrate gave judgment for £3, with costs .£1 12s. Mr J. Scott appeared for plaintiff, and Mr H. P. O'Leary for defendant. In the defended case, Ernest Arthur Palmer (represented by Mr D. M. Findlay) v. Mark McGilvray (represented by Mr P. W. Jackson), a claim for .£l2 16s 9d, judgment was given- for £lO by Mr W. G. Riddell, S.M. A defended civil action heard before Mr L. G. Reid, S.M., was that in which Thomson, Brown, and East, Ltd., sued Joseph Perry and Alfred Norton, builders, of Lyall Bay, for £4 10s, alleged to be payable by defendants for services in procuring in July, 1916, a loan of £450. Judgment was entered for plaintiffs for full amount claimed, with costs £3 13s Bd. Mr J. J. McGrath appear-, ed for plaintiffs, and Mr D. R. Hoggard for defendants. DEFAULT DEBTORS’ LIST.

Judgment ■ was entered for plaintiff, by default, by Mr W. G. Riddell, S.M., in the following undefended civil cases: —George Hemingway and Jas. Barry Martin v. Thos. Forsyth, JSI Ss, costa ss; Bristol Piano Co., Ltd., v. Arthur Eclw. Burch, JZi 193 fid, costs 14s; Brodericn and do. v. J. Vickers, 10s 2d, costs ss; D.X.C., Ltd., v. Leo. M. A. Reardon, £2 7s . sd. costs 10s; Herbert Jas. Wyatt v. A. R. Frost,’ £2 16s sd, costs Ills; same v. Walter Harold Shipton, £2 19s Id. costs 10s: Elizabeth M. Fisher v. Frank Rhodes, -£4, costs 10s; Wm. Collins v. Arthur d. Bose, £2 2s, costs 10s; A, Hatrick and Co., Ltd., v. Arthur Noble, £lO 2s bd. costs .£1 10s 6d: Geo. W. Slade v. Vivian Printing Co„ Ji7 193, costs .£1 3s fid; Gamble and Son v. Thos. Smith, £i, coats 10s; Wellington Butchers’ Union v. H. Ross, -B1 6s. costs ss; Public Trustee (administrator of estate of Wm. Walker Campbell) v. Francis Garnet Warring, jEB, costs £1 I3s; W. A. Bowring t. L. Eakewell, £7 7s, costs .£1 5s fid; Jack Jacobus v. Dick Fisher, £1 12s fid, costs' ss.

JUDGMENT SUMMONSES. J. Scott was ordered to pay Fredk. Knigge 7s fid by April 18tlF or serve twelve hours in gaol; E- Plunkett, ordered to pay J. Prentice .£99 8s fid by dpril 26th. in default one month’s gaol: Percy M. Lock, ordered to pay J. Brown and Sons, Ltd., £S 7s by April Sfith or undergo three days’ detention; Patrick Sullivan, ordered to pay Thos. Wm. Fisher .£l9 18s by instalments of 4s W6ek ’ AN AWARD CASE. ,

In accordance with the decision ot the Arbitration Court in regard to the appeal in the case the Inspector of Awards (Mr G. H. Lightfoot) v. Horace J. Archer. Mr W. G. Riddell reversed his previous decision, and imposed a penalty of 20s on Archer. When the case was originally heard in the Magistrate’s Court Mr Riddell dismissed the information. POLICE CASES.

Mr W. G. Riddell dealt with a short list of police cases, when a Harbour Board employee named Louis Brough admitted the stealing of a quantity of fish, valued at 11s, the property of the New Zealand Trawling Company. As it was accused’s first offence His Worship .imposed a fine of 40s. fixing the default at seven days’ gaol. ' For insobriety Wm. James Kidd was fined 10s, and Julia Selina Schaltes fined ss. The default in each case was fixed at twenty-four hours’ detention.