MAGISTRATE’S COURT.

Star (Christchurch), Issue 16330, 20 January 1921, Page 8

MAGISTRATE’S COURT.

TO-DAY’S CASES. CHRISTCHURCH. (Before Mr S. E. M’Carthy, S.M.) Three first offenders were each fined sa. in default twenty-four hours’ imprisonment, for drunkenness. SURETIES WANTED. James Craddock Victor 11 ay don was given three days in which to find sureties for the payment of £3O expenses in connection with an illegitimate child which had died subsequent. tfy birth. He was ordered to report to i the police daily in the meantime. (Before Messrs C. H. Gilby, J-P-, and A. H. Hobbs, J.P.) ALLEGED INCEST. Thomas George "W hi to, a man aged forty-two years, was charged with having committed incest with his daughter, aged thirteen 3-ears. The Court was cleared during the hearing of the case. Accused pleaded not guilty, and was committed to tho Supremo Court for trial. Bail was allowed, in self £-00 and two sureties of £IOO each. CIVIL CASES. BY DEFAULT. Judgment was given for the plain- \ tiffs in tlic following cases, by default:

of the defendants to a [/pear: Graham, Wilson and Smcllie v. A. Gardiner, £3 16s lOd; F. E. Longdm v. Evel.vn Rose Robertson, £3 15s, as against the free separate estate of defendant : H. Pa mi ell and Co. v. Phillip Brad v, £6 0s 9d ; Ne w Zealand Express Co., Ltd., v. A. R- Barnes, £1 18s 6d ; same v. D. Armstrong, £6; William H. M’Arthur v. Charles Lcgge, £3O; P’. E. Longdin r. J>3rs Fletcher, £1 355, ns acrainst her free separate estate; the Public Trustee % . George Oliver, £l2 3s 9.’: A. G. Healing md Co. v. W. MM'Dougall, £O6 19s Sd ; Samuel Needham v. Ernest Beckinsale, £3 9s lOd; fl. Matson and Co. v. Tames Stewart£2l Is Od; Waimairi County Council r. A. H. Donahue, 13s 2d; same v. .John William Nealo. £0 U*s 9d; same v James Barr, Gs 2d ; F. D. Kestevcn v. E R. Fanil, £l3; A. G- Healing and Co. r. Tho Multi Roy Electrical Company. £4O 4s ffristol Piano Co., Ltd., v. John R. M’Bryde, £2 Is 6d ; same v. Alary Alice Vincent, £26 18s 6d ; H. M atson and Co. v. H. Hartley, £6 3s. ORDERED TO PAY. A. F. Harrison, who did not appear, was ordered to pay John Coos. £l9 11s 9d forthwith, in defaulo two months’ imprisonment. G. W. Webb was ordered to pay E. C. Browne and Co., Ltd., £1 7s, in default three days’ imprisonment. Thomas Ford was ordered to pay Mary Metcv Harriet Morris (Mr L. VV r . Geo) £l7 12« 6d it the rate of 10s a week, in default two moTths’ imprisonment. James Toroer was ordered to pay Arthur Times (Mr W. J. Hunter) £1 6s, in default fourteen days’ imprisonment. ADJOURNED. Tho Canterbury Motor Companyj Limited (Mr J. H. Upbam) proceeded against I>. Ferguson £Mr R. Twyneliam) on a judgment summons to recover £62 3s lOd. The case was ad- ! journed until January 27. PURCHASE OF PUMP, i Judgment was given for defendant in a ease in which Thomas Bjicknell sued A. Smith for £2, alleging .that he had been unfairly treated as regards the purchase of a pump. POSSESSION AND RENT. .The Christchurch Property Trustees (Mr H. D. Andrews) proceeded against Gertrude Mabel Payne for possession of a tenement and rent, amounting to

£7 5s 9d. Defendant did not appear. An order was made fqf jiossess’.on to be given up on or before February 23. Judgment was given for rent to date. SALE OF A FARM. Jeannette Boyd, a widow (Mr H. Hanna), sued Henry G. Livingstone, trading as H. G. Livingstone and Co., Ltd., land agent (Mr W. J. Sun), for £52 9s, the difference between the sum of £209 19s commission charged by defendant and the sum of £157 10s— -commission to which it was contended defendant was legally entitled. Mr Hanna, said that defendant, a land agent, arranged n sale of a farm at Halswell which plaintiff had bouafit from a Mr Robertson in July, 1920. She bad occupied the farm for a little under three months. w A contract of sale was drawn up and signed. In the contract the farm was described as “ a going concern ” Plaintiff did not understand the term to include a milking plant on the farm. She believed that she was soiling only the farm itself, without the plant. Subsequently plain--1 tiff sold eight cows which were on the > farm to the purchaser of the form, a ' Mr Schmaek.

Schmaek gave evidence that he exn res sly* stipulated to defendant that tho words “ going concern ” should inserted in the contract in order to cover everything on tho farm.

Walter E. Simes. a land agent, said tha.t the words “going concern” embraced the land at a set price and the chattels and stock and so forth at a specified price. If the separate prices were not stated the Stamn Office* could not, assess- the value of the land. Mr Sim submitted that tho agreement was conclusive, and impeachment of it was unsound. was entitled to commission at Chamber of Commerce rates on the sale of the farm as a go-

3 Defendant gave evidence that Mrs Boyd got a profb of £5 per acre on the farm, it having been £69 an acre and sold’, at £65 an acre. (Proceeding.)