MAGISTRATE'S COURT.

Otago Daily Times, Issue 14926, 31 August 1910, Page 11

MAGISTRATE'S COURT.

Tuesday, Aurust 30. (Beforo Mr 11. Y. Widdowson, S.M.) Taicri Drainago Board v. Gawn.—Mr Widdowson intimated that lie would give Ill's judgment in this caso on Thursday. Judgment was given by default in tlio following cases: — Johnston, Sons, and Co. (Mr ScanMcburv) v. Percy John Wcnborn (Christehurch), 'balance <luo for books, £3 5s 6d, with costs (10s); Airfield Bros, and Co. (Mr Scantlcbury) v. Margaret Olive ajid W. Olive (of Hawcra), claim £10 15s, balance on a promissory note, with costs (£1 13.1 6d); Cooke, Ilowlison, and Co. (Mr W. Allan) v. Jo.siah G. Carpenter (Gore), claim £1 2* 6d, for work done, with costs (ss); Otto Sasso (Mr Stewart) v. 15. Isaac (Cavcrsham), claim 16s 9d, for milk supplied, with costs (7s); Mollisons, Limited (Mr F. G. Duncan) v. James Don' Miller, claim. £1 17s 6d, for goods sold, with costs (ss); Nov/ Zealand Tablet Printing and Publishing Company (Mr G. Gallaway) v. \Vm. Shanahan (of Twelvemile, Grey County), claim £5, for 48 months' subscription to the Tablet, with costs (£1 0s 6d); D.I.C. (Mr W. L. Moore) v. James Dripps (Clinton), claim £6 12s lOd, for goods supplied, with costs (£1 3s 6d); same v. James Long (Cliristchurch), claim £2 10s lid, for drapery and furnishings supplied, with costs (10s); same v. Andrew S. Sutherland (Lumsden), claim £10 2s Bd, on account owing, with costs (£1 10s 6d); Charles Bills (Mr Arkle) v. Gcorgo Brown (Mount Pleasant), claim 17s 6d, for bird and cago supplied, with cost? (7s); Win." Chapman Gray v. John Hcalcy, claim £12, on ii promissory, note, with costa (15s). , MacDougall and Co. (Mr W. L. Moore) v. John P. M'Neil.-Claim £4 8s 7d. for oonfectioncry, etc., supplied.—After hearing ovidenco aa to tho expanses of defendant's business and his takings his Worship ordered defendant to pay 5s per week in fortnightly instalments. A Question of " Fit."-Alc.xander Munro v. P. Fraser Howdcn (Palmorston).—Claim £12 12s, the oricc of two suits of clothes suppliod.-Mr'H. D. Bedford appeared for plaintiff, and Mr A. C. Hanlon for defendant—Mr Bedford stated that the suits had been made on May 20, 1909, and June 25, 1909, and Jiacl ten filled on several times. They wero sent to defendant's residenco at Palmerston on September 1, and returned on September 14. The goods were loft at Munro's till February, 1910, when the account was rendered for them. Defendant then wrote that hs would call and soo plaintiff. Tlio clothes were sent homo again on July 11, 1910. A letter was received! on July 20, in which defendant said tho clothes did not fit, and ho would call and sco Munro. lie never called in, and after defendant sent back the clothes plaintiff took' action.—After hearing cvidonce his Worship adjourned tho caso for a fortnight to allow of somo alterations being mado to a pair of trousers.

A Disputed Debt.—ln this caso John .Sweeney (Mr Lang) sued Alexander Alswolier (Mr B. S. Irwin) for tho sum of £3 lfc, money alleged to h lent to dofcndant.—Mr Lang stated that plaintiff was tho, liconseo of tho Terminus Hotel, and had lent defendant £3 _10s on February 23 last. Plaintiff had" since made repeated applications for tho money, but had been refused on each occasion, defendant on ono occasion wanting plaintiff to apolagiso for asking _ for it.—Cross-ex-amined by Mr Irwin, plaintiff stated that ho had never given Alswciicr, who is a hairdresser's assistant working next door, moiipv to invest on Hie raec-s. Ho remembered tlio dale of tho loan because, it was tho first day of the D.J.C. summer mooting.. Ho 'had no betting transactions on that day. Tho writing on a D.J.C. programme, "10s Stayboy," "10s Oiyoi," was not his. Ho had' had no betting trancactions with the defendant. Ho did not know a man named Pike. Ho would deny saying that Afowoilcr had taken. 10s from him to bet on Warsaw. He had had no argument in Gawn's saloon about tho betting transaction-.-Mr Irwin said his client absolutely dended that he had ever borrowed money from plaintiff. Plaintiff on pveral occasions had asked defendant to put on money for him at tho races. jSweency had marked'tho programmo in the way in which it was marked. Oivoi had won and Stayboy lost. Tho plaintiff then Eftitl that ho had given defendant 10s to put on Warsaw, who had paid a dividend for second place, and would' not tako the dividend on Oiyoi. After that defendant wanted plaintiff to apologise lo him for what ho said about him, and he would then pay over tho Oiyoi dividend. Thenext thing was that defendant got a summons for tho sum of £3 10s.—Defendant said plaintiff! had marked tho programme with the two'bots. Plaintiff .aborted that ho had also sent 10s for Warsaw, and that it was matted in tho book. Ho (defendant) showed Sweeney tho marked programmo, andi he threw it on tho floor of tho shop.-In answer to Mr Lang, witness stated that ho owed a bookmaker money, but ho could not remember tho amount.— Christopher Pike, stated ho had on one occasion been asked by plaintiff to give A'lswqiler £1 to put on a certain horse. He was in Gawn's hairdressin.ij saloon when Sweeney ctimo in and asked Alsweiler for his- monoy. Alswcilor said he would pay tho dividend l money. Witness only know S\vccney by going into his hotel casually. —Edwin Gawn said ho remembered Sweeney and Alsweiler having an altercation in his saloon. A race book was pronuocd and 1 shown to Sweeney, who threw it down. Ho heard the names of horses mentioned. Alsweiler and Sweeney called each other liars. Tlio latter wanted some money, and Alsweiler offered to pay a certain amount—Mr Lang S aid ho thought it was a romarkablo thing that, although' de.ondant said ho had put from £20 to £30 on tho totahsator for plaintiff at different times,- this was tho only 'occasion on which ho had got Sweonoy to mark his bets on tho programme. Tho .vidonce of iPike 100, was open lo question.—His Worship W»'<> judgment for defendant, with costs [tia Us).