TAIHAPE

Wanganui Chronicle, Volume LXXXIII, Issue 20181, 25 June 1928, Page 2

TAIHAPE

MAGISTRATE’S COURT. I. Special "Chrvcich," Service, j The muatiily sitting of tne Magistrate's Court was hciu oeiore Mr K. ji. Vv atsun, ts.jyi., oh 'iiiursuay and. Friday. Being tne owner of a .22 caiible and laiiiug to notiiy tne ponce of ins ciiange of address, was tliu enurge preferred agaiUbt juhu JStyns, wuu was cunvieteu. ami lined lbs ana costs lus. fur lainug tu attend a military camp, uunn vviiiiam ruanoncy was convicted ana fined 4Us ana costs AUs. for a similar uftence fuwiu Junes was convicted and fined £4 and costs lUs. fiieu Button piucteueu against het nusDuud, u. \». Button lor disobuuience ux a maintenance order —Hie cierK uf tne Court said ueieuuant was x-iu in arrears. A. letter was read from Button saying mat he was trying to get work in vVciiingiou, but nau not jet been successiui —Button was sentenced to mice inuntno’ imprisonment, warrant tu be suspended so long as fie pays current inumteuauce ux uus a ine following judgment summons orders were niaue: —mui Otu was ordered to pay A. O. Aluivay £ll5 lbs (id, witii cu&is £- l£s 6a, iu dexault three months' imprisonment, warrant to be suspended so long as debtor pays £IU a muntn. itangi xiopa was oracred to pay tne Tui Street Meat Coy. X< 5s asu costs Xus 6a, in dexauit seven days' •imprisonment, warrant to be suspenued so long as debtor pays £1 a inomn. it. Bray v,as ordered to pay J. id. Jonuson us, ana costs £1 xxs od, m dexauit -1 days imprisonment, warrant to be suspended so long as debtor pays £,3 a muntn. Kangi iiaibert was uruered to pay D. L. biuClair Xu 6s, and costs las uu, in uelauit seven nays’ imprisonment.

Judgment by default was given m the following cases:—Fullerton bmiih and Co. v. j&dward Finn, £4 /s, costs £1 8s 6d; John Jaooor v. Krngt lopia, £/ 3s, costs £1 lbs 6d; V ernuix Aeagie and Menon In eagle v. f’eter x nomasen, £6 lus, costs £X 10s 6a; A. b. Cleaver v. W. J. Joyce, judgment for costs £X 12s. Reserved judgment for defendant, but without costs, was delivered in a case in which Lmiiy Skews, wife ox Frederick Gregory bkews, railway employee at Tainapc, claimed £7d damages from Edwin Oliver Olsen, butchers' assistant, Taihape, for alleged raise and malicious statements made to one, Thomas James Martin, concerning plaintiff and L. A. Emery. A claim for the recovery of £2O, being deposit paid on a motor cycle, and Xxu fur damages, was made by the laihape Printing and I’ubbshing Co., Ltd., against John Neill, a motor mechanic employed at Nicholls Bros.’ garage. Tainape. Mr T. C. Kincaid appeared for the plaintiff company, and Mr Xi. C. Ongley represented dexendant. Counsel for tne plaintiff company said that the managing director (Mr J- E. 11amili) of the company had advertised for the purchase ox a motor cycle and defendant had replied. Subsequently Hamill had agiecd tu buy the motor cycle from dexendant on condition that the latter fitted the machine with a now piston and a stand, within three days. On his understanding he paid a deposit of £-0 on the mutor cycle. Avid, however, had not earned out his part or the contract, and tne repairs to the machine had not been effected. As defendant had failed to comply with the conditions of sale the piaiutin company claimed the £-U deposit paid un tne motor cycle and also xlu damages for loss of business caused by Neill’s action in not having the machine repaired so that it couid be used at a time when it was most urgently needed. —John E. Hamill endorsed the remarks of his counsel and staled that he had lost at least £lO worth ox business through, deieudant’s failure to fit the motor cycle with a new piston ana stand. —Allan H. bmilh, canvasser lor, the Taihape Printing and Publishing Co., corroborated tins evidence- —For the defence Mr IL C. Ongley said that a definite sale had been arranged between the plaintiff company ana dexendant ana A- 11. bantu had taken delivery of the bicycle and had ridden it I iur tne best pan of a fortnigm, during i

wnieix time lie had used it to transact ousiuess for the piaintnf company, xne must tne company was entitled to was uamages ana in this case counsel conicndeu. that these were tuo remote and

were not recoverable The motor cycle was not unfit for use, as stated in tne statement ox claim. —in evidence, John _>erll, net endant in the case, said he had agreed tu nt the motor cycle W’ith a new piston when it (the piston) arrived. lie did nut say ne wuuld do so within turee days, lie considered the motor cycie iu question io be quite fit tor use and the fact that the piston , was slightly loose would not make much j difference io the machine. He had not : greed to provide a new stand I’or the motor cycie.—Lawrence Holder and

Jaintb Law also gave evidence lor the defence. —The magistrate said that a definite sale had been effected and when Hamill paid the £2O deposit the goods passed men and there. Judgment wouid be for defendant with costs amounting to £4 7s.

V\. Wilson, a farmer of Koeke, claimed £l5 Is frum Kilkolly and Sons, carriers at Taihape, lor allegedly consigning a truck of plaintiff s wool in error to Wellington instead of Wanganui.—Mr W. 11. Maclean, who appeared for plaintiff, said that Kilkolly and Sous had been instructed to cart Wilson’s wool from Koeke to the Mataroa railway station and consign it to Wanganui. defendants, however, had cons.gned one truck of plaintiff’s wool ;o Wellington and the error had cost his client £l5 Is. The latter had made a claim against the Railway Department, who said the blame was not theirs as the truck of wool in question had been consigned to Wellington. The original consignment note could not be produced. —Mr Ongley, who appeared for the defence, said the truck of wool had been consigned to Wanganui by Albert Kilkolly, one of the defendants. —Af-

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