MAGISTRATE'S COURT.

Otago Daily Times, Issue 15692, 26 February 1913, Page 9

MAGISTRATE'S COURT.

Tuesday, February 25. (Before Mr H. Y. Widdowson, S.M.) Judgment was given for plaintiffs, in default of appearance, in the following cases:—Ellen Amy Davies (Mr W. L. Moore) v. John Wilson, claim £15, for board and lodgings, with costs (30s); A. and T. Burt (Mr W. L. Moore) v, Tlios. Falkinder (New Brighton), claim £41 15s 9d, account stated, with costs (£2 14s); D.I.C. (Mr W. L. Moore) v. Wm. H. Crooks (Fairfax),- claim £2 63 lid, for goods, with costs (20s); Milburn Lime and Cement Co. (Ltd.) (Mr C. J. Payne) v. Percy Long (Kakapuaka), claim £7 10s, for goods, with costs (25s 6d); Edwd. Marshall (Mr Scurr) v. Robt. CosteT (Invercaigill), claim £5, dishonoured cheque, mth costs (20s 6d); Jas. Jeffs (Jlr A. C. Smith) v. David Anderson, claim £22 6s 3d, goods and horse hire, with, costs (£2 14s); D.I.C. (Mr W. L. 'Moore) v. J. W. M'Donald (Inverc.irgiH), claim £3 lis, for goods, with costs (10s); Wm. M. Roberto. (Mr W. L. Moore) v. D. Thbmas, claim £4 17s 4d, for goods, with costs (lis); Sidney Tovey (Mr Scurr) v. Wm. Reynolds (Wellington), claim £6, money lent, with cost-s (23s fid); Humphrey Heward v. Arthur Wright (Mosgiel), claim £3 17s 7d, for goods, with costs (13s)Johnston, Sons, and Co. (Mr Scantlebury) v. Albert Richd. Trueman (Moturoa), claim £2 12s 6d, for goods, with costs (lis); same v. H, L. Chas. Matthews, claim £3,155, for goods, with costs (10s); same v. Bernard Fama (Opunake), claim £4 10s, for goods, with tost-s (10s); same v. Geo. Hy. Cleaver (Mount Somers),. claim £3 ss, for goods, with costs (18s); same v. Robt. Bradley (Te Kuiti), claim £2 15s, for <joods, with costs (10s); same v. Rambardt Franketter (Frankton Junction), claim £3 ss, for goods, with costs (10s); same v. Wm. Cochrano (Auckland), claim £2 12s, for goods, with costs (lis).

Judgment Summons.—ln the case of Wilkinson Bros. v. Michael Doyle, the debtor was ordered to pay forthwith £2 ss, amount of judgment remaining due, and 5s costs, in default three days' imprisonment.

Alleged Breach of Award.—Joseph Hollows, Inspector of Awards, sought to recover a penalty of £10 from Titos. Jas, Orr, printer, for breach of the Otago Typographical awajrd, in that he employed Herbert Wilson, a compositor's apprentice, between October and December last (th«n in }iis sixth year) and paid him 30s per week instead of 40s. Mr J. Park appeared for defendant. Evidence was given showing that the lad had served a probationary period of three months at Clyde, while attending school, and had then received 2s 6d per week. This period, the inspector contended, should bo reckoned as part of the apprenticeship. The evidence of the lad Wilson was not at all dear as to dates,—His Worship held that the probationary period should hot count as part of the apprenticeship, and dismissed the case. Claim for Commission.—John Douglas Warden, retired hotelkeepej - , Broad Bay, sought to recover from E. L. Macassey and Co., estate agents, £26 ss, balance of £50 received by them from Wm. Howie Kilgour, who purchased the George Hotel, Port Chalmers; in October last. Mr Lang appeared for plaintiff and Mr Hay foj defendant. The defendant's charges to Kilgour were £23 15s, being 2i per cent, for the sale of the hotel, goodwill, and furniture for £947 ; 5 per cent, on the sale of a two years' lease at £416 (£2O 16s) and £5 9s, cheque paid to make up the £50. A good deal of evidence was given showing that there were family interests mixed up in the transaction, that the lease was extended by arrangement to four years, and that plaintiff had to pay £125 to put himself in the position to carry out the agreement entered into with Kilgour. The main question, however, was which scale of charges Jramed by the Chamber of Commerce was applicable to the transaction. His Worship entered a verdict for the plaintiff for £5 9s paid into court, with 10s costs; and fo,r defendant up to the balance with £2 2s costs against plaintiff, A Remittance Man's Troubles.—Robert Spray, boardinghouse keeper, sued Wm. Grant, carpenter, for £2 4s, meals supplied November 25, 1912, to January 7 last, and £5 4s, money lent. Mr C. N. Scurr appeared for plaintiff and Mr Macdonald fox defendant. The plaintiff and Ills wife and several fellow boarders with Grant were put into the witness box to prove the claim, and to depose that defendant had declared " I owe Bob (plaintiff) £7 10s and I am going to pay it." For the defence, Mr Macdonald contended that there were no particulars in plaintiff's books by which the claim could be tested, and no corroborative evidence; on the contrary, Gj'ant denied indebtedness absolutely for period named and would swear that all the money owing to plaintiff had been paid up to the end' of December last. Grant gave evidence to this effect, and swore that he was working at Waitati from November 5 to end of December. Jas. A. Park, manager of the Perpetual Trustees Estate Agency Co., deposed that Grant received remittances ftora cvna that before he left to do carpentry wcric at Waitati Spray sent in an account against Grant, which was paid, and cleared off all liability up to December 7. His Worship, at the close of the evidence, said that the case was one of the most unsatisfactory that had ever come before him with regard to the evidence. Judgment was entered fox the amount paid into court (£1 12s 6d), with 3s costs, and plaintiff nonsuited as to tlio balance, with one guinea costs,