LIABILITY FOR RATES.

Auckland Star, Volume XVII, Issue 219, 17 September 1886, Page 3

LIABILITY FOR RATES.

At tho K.M. Court, yesterday, judgment was given in tho caso of Dalton v. Jeunc, a claim of £10 03 Id, money paid for defendant. This oase was heard on thß 9th, Mr Theo. Cooper appearing for plaintiff, and Mr O'Meaghor for defendant. It appeared from the ovinenco that plaintiff was at one time a tenant of. defendant, but about two yea's apro surrendered. He, however, allowed hi* uame to continue on the roll, was rated two smccesi-ive yoara, and was sued by tbe Corporation for the ratas £1U Oi Id. His solicitor arran*cd with the Corporatioi to have tlio case struck out. and ha would pay. It was struck out and on the 30th of August a summons was issued against defendant to recovor the nmou.it as for money paid to his use. On production of the receipt for uio rutce. it appeared that the payment was actually made 0 days after tho Summons was issued. There was no evidence called for iho defendant. Mr O'Meaghflr appUed for a non - suit, on the ground that tho cause of action had not arisen when the summors was laaued, and referred to Sec. 10 of tho R.M. Act, and r lied on Maxwell and Jamoso", 28. and A. 51; Capp v. Topham, 6, Kast, 392, and other cases; showinß tw actual payment was neceßsarv before action P Mr Ccopor replied at length, and contended that the liability was tufflcient. Ho was under the imnreesion that there was a late decision where it was so laid down, which led him to supposo that the cases cited by Mr U'Meagher had been over -ruled? Ho asked His Worship to resorve iudKment. so that cases micbt bo looked up on both sides. Judgment was then reserved, and we witheld our report to await tho decißion. Yesterday His Worship, in giviDg judgment, eaid there was no gettinf? over the contention of. Mr O'Meaßher, that actual payment or an fqaivalent was necessary before action brought, the action had been brought too soon or the money paid too late, tho promise to pay the curporation was in nature of a sccuri y, Judgment would be for d.f.ndant; costs were, after objection, allowed at £1 6s.

A meetiDg of the creditors of the bankrupt George Howard, took place at the Official Assignee's office this forenoon. It vms agreed that the surpus future be allowed to bankrupt, and that the Official Assignee dispose of the bankrupts debts and stock for not less than *aw.