DUNEDIN S.M. COURT.

Otago Witness, Issue 2811, 26 August 1908, Page 27

DUNEDIN S.M. COURT.

Monday, August 24. (Before Mr H. Y. Widdoweon, S.M.) Judgment for plaintiffs by default was granted in the following cases: — Herbert Haynes, and Co. v. Frederick Faithful (Bannockburn), claim £7 3s on account stated (costs 11s); T. E. Shiel and Co. v. Fildes, Mitchell, and Co. (Wellington), claim £29 5s 4d on account stated (costs £1 3s); Thos. Lister (Mr Stilling) v. David Ruthven Grant (St. Bathans), claim £20 6s, of which £15 was due on a dishonoured cheque and £5 6s on account stated (costs £2 14s); Molli<=on and Co. 4Mr F. Duncan) v. David Ruthven Grant (St. Bathans). claim £13 Is 6d, including £4 15s due on a dishonoured cheque (costs' £1 10s 6d); Brook Bros. (Mr Baron) a. 1 Leonard R. Armstrong (Wellinyrton), claim j £3 5s 3d on account stated (costs 10s) ; ' Brown, Ewing, and Co. (Mr Cooke) v. David R. Grant (St. Bathans), claim £12 18s 9d on account stated, including £7 18s due on a dishonoured cheque (costs £1 10s 6d) ; C. and W. Hay ward (Mr Moore) v. David Ritchie, claim £8 5s brt on account stated (costs £1 3s 6J). Arthur Thomson (Outram) v James Shiels and James Harrison. — Claim £39 7s 7d, wages duo and overtime. The amount claimed for wages was £18 10?, and the balance was for overtime. — Mr White appeared for plaintiff and Mr W. C. MacGregor for defendant. — The evi-

dence in the ease showed that plaintiff was engaged as manager of flaxmills at Berwick, Clarendon, and Outram at a regular salary of £3 per week, and the claim for wages and overtime were both disputed. — The case had been adjourned from Thursday last to allow of some time sheets being produced, and after perusing these end hearing evidence his Worship said that in his opinion plaintiff was not entitled to the overtime claimed, and as he had not proved his case in regard to the wages he thought defendant was entitled fo a nonsuit. Plaintiff was nonsuited, with £2 2s costs.