MAGISTRATE’S COURT

Otago Daily Times, Issue 18801, 2 March 1923, Page 9

MAGISTRATE’S COURT

Thursday, March 1. (Before Mr J. E, Bartholomew, S.M.)

Undefended Cases. —Judgment was given for plaintiffs, by default, in the following cases; —Diamond and Hart v. Frederick Jas. Parker (Glenore), claim £ll 15s tor photographs supplied with costs (£2 14s); H. Wise and Co. v. Daniel G. Hill (Raetihi), claim £2O 2a for a/ivertisiing, with costa (£3 Is); Briscoe and Co. v. William Clark (Waimato), claim 17a 6d balance of an account i'or goods supplied, with costa (18s); E. J. Bryant v. Alice Philp and Ruth Cranefiekt, claim £■! 10s on a promissory note (costs 15sj; same v. Charles F. Madell, claim £3 10a on a promissory note (costs 8s); Thomas Long v. W. Brown, claim £5 for money lent (costs 18s 6d); Dunedin Trawlers’ Union v. Gilbert Scott (Port Chalmers), claim £1 7s lid, for contributions (costs 8s); George R. S. Hawarth v. John M’Counachio (Purakanui), claim 13s lOd, balance of an account for goods supplied (costs 17s); Borough of St. Hilda v. Leonard Charles Bulat (Waimate), claim 13s 2d, balance of rate duo (costs 8s); same v. Edward John VVaJdren, claim £l6 6s lOd {or rgtes due (costs £2 16s). An Account for Milk. —The Otago Cooperative Milk Supply Company claimed from W. Morrison aud E. Sutherland the sum of £l2 4s ffd for milk supplied to tho defendants between October 1, 192.1, and January 81, 1922. —Mr Fairmaid appeared for the plaintiff company aud Mr Moore for tho defendant Morrison. —Mr Fairmaid statecr that, acting on Morrison’s instructions, milk was supplied lo a boarding-house in Moray place up to September 30, 1921, by the Dunedin Dairy Company. From October Ito January 31, 1922, tho milk was supplied on behalf of the plaintiff company. When Morrison left tho boarding-house he tailed to notify the company of his departure.— Evicbnce for the plaintiff was given by Henry David Niven and George Gourlcy.— Mr Moore said that Morrison (in his evidence, which was taken at Waimate) said that he had told tho milkman that he was leaving the boarding-house, and he had also rung up the office. Ho submitted that there was no contract between Morrison and tho company, and that Mrs Sutherland, tho owner of tho boarding-house, was liable for the amount claimed. —The Magistrate said he was not satisfied that Morrison had given notice to the company that he had left the boarding-house, and the company was therefore entitled to judgment. This would, of course, exclude judgment against Mrs Sutherland. Coats wore awarded against tho defendant amounting to £3 2s.