THE COURTS.

Press, Volume LIX, Issue 17740, 17 April 1923, Page 7

THE COURTS.

SUPREME COURT.

|r; - SpJ (Btfare his Honour Mr Justice Adams.) DABFIELD FARMERS' DISPUTE. Pfttrick Morrison (Mr M. J. Gresson), farmer, of Darficld, sued Robert Anderson (Mr iff. 8, Wilding), a farmer, of the salne disfeltriot, for £SOO, alleged to bo money due in Inspect of a property bought by defendant i||iom plaintiff. in bis statement Ij'oi olalui, iet out that aeiendunt in Apni, ■ijlffiO,. purchased trom inni a larm at U&r----50 acres in area, for about an acre. Part «f the puichase money if J*M paid at once, and sums oi £250 were to t M pud on April 21st, lU2I, *=,J*34, and the baiance on April 21st, 1925, t' pmohaser to have the right to pay off { ',W bkl&ne at any time, on giving three /'.ttoatis' notice. Defendant tailed to pay {taS* Wms ot £250 due on April 21st, 1921, pi 10 1! on April 21st, 11)22, and plaintiff now for tliem. 3 ® defendant, giving evidence, said that fljj 1921, lie owed £250 in reduction oi J~® principal, and £317 in interest. He ■*\ '."J 8 unable to pay the full amount, and 3* 5 * conference in tliu office of Mr J. It. '{fa*?' <?' '■' le a^ona ' Mortgage and Agency hi "5f 11 -W-i" it was agreed by himself and Mr f *'*» n ?I 011 ' 'kat the payment v of the £250 I*l m 'tad wer in consideration of the *' r, ™ 6 ®'"by .witness of 1 per cent, additional '' Jut!, -j 0 ? The £317 interest was pw A year later he received, a debit W 1011 !!?' Morrison for the additional in(.n , further £250, whi-'h was to be tail. J® Ariril ' 1922 > was lie!d over on 'triiwiJLi • ma '. t ' lo agreement being that the •*t« « M Meed not be reduced until witness . JlJoi,..!* ®° so i provided that the extenVyoont no ' *>° beyond the date of final "* defendant said that k J*Tni»r!? S I"\, definite arrangement that the 1 btt, ® , o£ the instalments should be held I b^ l _ UmU «> e date fixed lor the- final scttfe- | ».r ""! n i , maM^r at Christchurch - Xy. M-j r{.° Mortgage and Agency Co., lUncf. i ,e wa - s aware of the circumt .JroDertv r ,„ ' c ' l Anderson purchased the KxHum Ji, ~ Anderson made the purcaeh ir a P ea3t P" ce . felted #l.. v".. had some othei moneys, vVjlttt he'wJJu Mortgage financed him so S'WT n . ld Purchase stock. This he also n _f Ca Prices. After the slump it on^?. r<in V hat Anderson could not Igfcßsi *5- "J*; 53 he were accommodated it) gglliy. .oJi ? an arrangement was made in ' "hereby the first repayment of P° s tponed, in consideration of of additional irt-ere.-t, until , Portion improved. He heard .. SS 3 m 'l'ir arrangement resneetSsi "erMaifk ? ns '-? , T ,lt - The company gagiy H* r " ,n Anderson, ifflwfii® . j ßaon: Tho companv had been Kl,. 11 ?™™ on since IS2O, and had to fi?j° res t him, but it had deliSrk; It ' or repayment of prinrccemi 3 f that when Ander*or this srason had come in . 7*l.'-"e slightly better than hKm i- , c _ nm pany's security over Annot nearly cover his ina~^ e a S r =em«nt between Mor--i son was mide in his room, ; p. , n reduced to writing. Irfefli taVV moved for a nonsuit on the tmJiJ -1 ' alleged agreement ms " 'Brtt»fll. % cn f Qrcr d. and ib) that jreE^Z?. l ' extended only to the first ■ , £ - Cnunwl auoted ■ between the parties' - and v j- °f showing that no ' Binding agreement for postponfcn'er&3 into. Iy the cour=e of evidence. '' 01 an arrangement to post-

pona his demand for the first instalment temporarily, on the understanding that Anderson was to obtain a guarantee- or make some other arrangement before the next year. Edward James Rosa, solicitor to the plaintiff, said that-he was consulted about the matter first in February, 1922. His enquiries disclosed nothing in the nature of a definite agreement His Honour paid that he thought that plaintiff had made out a case on his statement of claim, but ho would reserve the cnie=tion' as to what rclH n?nintiJl wns enI'tVd to The form of wcuid ba allowed to stand over, with leave for plaintiff to move for judgment.

, MAGISTERIAL. MONDAY. (Before Mr H. Y. Widdowson, S.M.) DEUNKENXESS. Two first offenders, «• woman and a man who did not appear, were each fined 20s' the amount of their bail, in d fault "4 hours' imprisonment. A statutory first offender was similarly dealt with. ALLEGED BOBBERY. Joseph .Sole man, aged 17 yea.s, was charged that, on April 15th, he stole from the dwell-ing-house of Da-lid 13Jackie £l3 in money; that on April i2th, at Dunsandel, he broke and entered the dwelling-house of John Stevens and stole fls in silver and two blank cheques; and that on the same date he made a false document, to rn:, a valueless cheque for £9, on the A-ew Zealand Farmers' C<>op Association, Ltd , purporting. to be signed by Johi Stevens, with the intention that it should be acted on as genuine. On the Application of Senior-Detective Gibson, accused was remanded to appear on April 25 th. CIVIL BUSINESS. Judgment by default was given for plaintiff in each of the following cases :-Jamea Lynn v R. J. Duncan, X 5 6s; M. Duncan v J. Murch, £1 10s; Commissioner of Taxes v W. A. SorrSll, £37 4s 9d; International Harvester Co. of Jv.Z Ltd. v. F. M. Glass JG; Ud; W. Hunt v. G. Anson, £U lfa if' George Barrell v. A. Boyd, £2 103- Booth' Macdctnald and Co, Ltd., v. J. Forb^ l<is <d; Garrick, M fdderspoon. Ltd. t Nehnn Motor Co. Ltd., £lOl 12s Sd;' jZ Hawker v. i liam Brown, £ls fs; F J p„„._ v. Edward Brown £l7 u 3 m. p i>", r -° E. J. Dinch, £l3'6s 4d; J Mafcrf Co., Ltd. v. K. Blanchard, £l3 2s €d- I\ Z Farmers Co-op. Association of . Ltd. v. J. Mcleod. £■! las Gd • P»™ j •Steere v. J. M. Eobcrlon VvS""- 1 Garage, Ltd. v. C. A. Gray and" Cb £'R BrL.,' G £lM° J. hom!iS BaylCy V " Pet « haac J. Hardley was ordered to p , v E Reece, Ltd. the sum of £34 7s forthwith in default eut vreefc*' imprisonment. A. Bond was ordered to pnv C J and G. O Morrison the sum of" ii With, m default two days' imprisonment, TENANCY. Maud Johns was ordered to give ud nossession .rf a tenement cn or before Atril 4th OGG o Hickmott. Judjfjnont Wa given for plaintiff lor ±'32 5s arrears of rent FATHER v. DAUGHTER & *«»,., 01, A. «•: Is,',; £u. alleged to be money lent by pkintiif lW'ff • U ' tLe m ° nth oi 1921 in evmunce, said he would, V 75 years 01 age a«t week. In Much bl>re~ he came out she refused to refund the money ' plaintiff n , f ° r Somp bjore piainutf went to the hospital he had be-n f VI ? g , hl /. 'T ah ••'t tis <lau,ht-r's P la%" ind d r, v ', ilm antl bandagtd his ~rm. and dope his washing \u) 1{1T , t, . • to the hospital he gave her £7, and, rightly

or wTongly, alie had used part of tl'.at sum in order to make coit-iin payments for Small. After hearing the evidence, thj Magistral said it was a case of oa'.h a ainst oath Small swore he gave the daughter £l7, and she swore she had only, reo.-ivrd £7. In tlv circumstances he would nonsuit the plaintiff and leavo the parties as they were. MOTOR COLLISION. . Arthur Campbell Harris, land agent, cf Christchurch (Mr J. B Eatohelor), proceeded against S. D. Goldsmith, artist, of Bur--wood (Mr C. S. Thom-.is), to recover £76 9 : ed as damage". It was alleged that on Jul; loth, 1922. defendant drove his car negligently and unskilfully so that it ran into plaintiff's bicycle. Tho claim was for perponal inmries and damages to clothes and the bicycle. ■ The Magistrate judgment for the defendant with Co6t3. IN OTHER PLACES. COMPENSATION AWARDED. (PEISS ASSOCIATION Tlt-EGBAM.) AUCKLAND, April 16. The Arbitration Court awarded Hubert •James Broughton, a farm labourer, £3SI against Donnld Finlayson,- farmer, of Dargavillc, for tho loss ol a leg caused by an injury received while rounding up 6heep.