MAGISTRATE'S COURT.

Wairarapa Age, Volume XXX, Issue 8529, 6 September 1907, Page 7

MAGISTRATE'S COURT.

MASTERION—THURSDAY.

(Before Mr W. P. James, S.M.)

A first offender was fined os, in default 24 hours' imprisonment, for having been drunk. Judgment for plaintiff by default was given in each of the following debt cases:—Frank Sutherland v. Herbert Pope, claim £9 10s, costs £1 "a tid; A. E. Williams v. James Whitmore, claim £4 14s 4d, costs ss; Hugh Rea v. JMona Peneamaeiie, claim £1 Os 3d, costs 8s 66, same v.. Manaena Waaka, claim £1 13s, costs 9s 6d; Alex. Donald v. R. Suckling, claim £2, costs ss; W.F.C.A. v. J. Tinsley, claim £l4 3s 3d, costs £1 10s 6d; F. McCay v Walter Cook, claim £2 14s 4d, costs 10s; Krahagen and Chapman v. Charles Erickson, claim £1 15s, costs ss; jFxank McCay v. John Booth, claim J3s costs ss; H. J. O'Leary v. E. Meagher, judgment for costs 13s.

The following judgment summons cases wers dealt with:—A. J. Giddings v. Bercy Kirkhy, claim £1 9s 6d, defendant ordered to pay forthwith in default seven days' imprisonment, order to be suspended for one month; J. L: Murray v. A. C. Stewart, claim £ls 3s, defendant ordered to pay forthwith in default 15 days' imprisonment, order to be suspended for one month. Wm. Jesson claimed from R. E. Howell and Co. the sum of £5 on the sale of an incubator, sold at auction by defendants. Defendants admitted that there was a reserve oi £3 on the article and judgment was given for plaintiff for that amount with costs 14s.

A claim was made by Henry John Searancke against the Kaituna Cooperative Dairy Co., Ltd., for the j;um of £lB 18s lid. Mr B. J. Dolan appeared for the plaintiff, and Mr P. L. Hollings for the defendant Company. Mr Dolan said that plaintiff was a dairy, farmer. . He supplied milk to the defendant Company during the season 1905-6 from which 1,681 pounds of butter fat had been made. This at the rate of 10fd per pound produced £76 14s sd. Plaintiff was credited with £57 15s 6d, and the balance between the two .sums was the amount claimed.

Mr Hollings admitted the amount of butter fat made, but the question was what was a fair price for butter fat. With regard to plaintiffs po?i tion, the question was whether he »ived a price agreed upon, and Bk an agreement whether he had been paid a reasonable price for his goods. The price defendants desired to pcy was B£d.

' After considerable legal argument, counsel for defendants applied for a non-suit, but the Magistrate adjourned the case for a month in order to allow of expert evidence a? to the price of butter fat being obtained. •A, J. Giddings sought to recover from J. Blade the sum of £ll 10s 2d for goods sold. Mr B. J. Dolan appeared for the plaintiff, and Mr M. Lavery for the defendant. Defendant pleaded" accord and satisfaction inasmuch as plaintiff had agreed to take a gramaphone, valued at £8 and a P.N. for £3, as payment for the debt.

Plaintiff said he agreed to take the gramaphcne only if it proved .in sound order, and this, he contended, had not been the ease. Judgment was given for defendant with costs £1 9s. The other civil cases that were to have .come on for hearing were adjourned until .this afternoon.