MAGISTRATE’S COURT.

Timaru Herald, Volume CXXV, Issue 18201, 28 February 1929, Page 6

MAGISTRATE’S COURT.

TIMARU—FEBRUARY 27, 1929. (Before Mr C. It. Orr-Walker, S.M.) DRUNKENNESS. A first offending inebriate, who had spent the night in prison, was convicted and discharged. ABSENT WITHOUT LEAVE. John Williams and George William Watson, seamen on the s.s. Kia Ora, were charged with drunkenness, and with absenting themselves from the ship without leave, Senior-Sergeant Gibson asked that the men be stood down until to-day. The Magistrate: “Why?" Senior-Sergeant Gibson: “These men have given a good deal of trouble, and the captain does not want them on board until the ship sails. They left the boat without leave, and commenced drinking in town." Asked if he had anything to say, Watson said that he and his mate were returning to the ship, when they were arrested. If they had been left alone, they would have been all right. The men were remanded on both charges until this morning. REMAND GRANTED Edward James Murch was charged that at Dunedin on July 11, 1928, with intent to defraud, he did obtain from Henry Divers £35 by falsely representing that certain chattels were free from encumbrance. Senior-Sergeant Gibson asked for a remand until to-day, in order to allow the police to communicate with Dunedin. The remand was granted. JUDGMENT SUMMONS. In a judgment summons case, A. C. Dixon was ordered to pay W. S. Bower £3/2/- forthwith, in default three days’ imprisonment. DEFENDED CASE. Alexander Campbell (Mr A. D. McRae) claimed from Sue Lee and Co. (Mr L. M. Inglis), £4/16/-, being balance of an account owing for work done and material supplied. Mr Mcßae said that the plaintiff was a coachbuilder. In March of last year defendants purchased an old cart, and they engaged plaintiff to put a new body on it. Extra work was done, and it was for this that plaintiff was claiming.

Plaintiff stated that in March of last year a member of the defendant company asked him to fit a new body to a spring dray which had been purchased. He made a quote of £25, and carried out the work in accordance with the specifications. It was then found that the new springs raised the body higher than the old body, and this did not suit defendants, so he was obliged to take the body down, and put in new fittings. The sum of £4/16/- was for this work.

To Mr Inglis: It was Charlie Sue Lee who made the arrangements with him for the work. He was not aware that Charlie had left for China. Shafts w'ere certainly not complete without breeching staples, but he did not quote for these. His quote was for timber work only.

To the Magistrate: “He gave the quote without seeing the cart.”

Mr Inglis: “I will bring evidence to show that you did see the cart."

For the defence, Mr Inglis contended the work done was paid for. Plaintiff admitted that he was to work up the old iron work as far as It would go, and where it was of no use, new iron was to be used. Whether plaintiff had under-estimated the cost of the work, he did not know. He submitted that in his quotation, plaintiff bound himself to produce the cart complete.

William Lane, who was a partner in the firm of Sue Lee and Co., when the new body for the cart was ordered, and Ah Him, also gave evidence. The Magistrate said the plaintiff should have made it more plain that the additional work would be charged extra for. Nothing was said by plaintiff when the sum of £25 was paid. He had not made good his claim, and he would be non-suited, with costs £l/1/- to defendant.