THE COURTS.

Press, Volume LXI, Issue 18508, 9 October 1925, Page 6

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice MacGregor.) DISPUTE OVER FARM. James Thomas Hayes, Ellen Butler. and Joseph William Hayes were the plaintiffs in an action relating: to th-- will of the late John Hayes, fanner, of Hartir.ui, and the distribution of the estate. Mr S. E. McCarthy appeared for plaintiff.'. The defendant was Mary Hayes, for whom Mr A. T. Donnelly appeared. The de'ca.-r-d had left an of 1883 seres, and plaintiffs and defendant were tenants in common. Mr Donnelly said the dispute was a familv one. it had been arreed already that the lar.d should be sold, the reserve to be. filed by the_ Registrar. Ke suggested that ; : pia;ui:;:F. ■.',-.-> re the purchasers at the sale •'.,,. li-fer.dar.t should be paid out her share. Th'-r- 'eera<d no fasnn why the plaintiffs iioiild not buy the property. Judi.-rr.ent ■••■■'■• jircn hy consent for the -■]" of 'he land, conditions of i-ale and reserve price to be settled bv the- Registrar The ro=ts of th.- sale and the action should he paid out of the proceeds of -.he sale, and in the event of any of the plaintiffs becoming the purchaser 'he defendant should receive her share of the purchase money. AN ASSIGNMENT QUESTIONED. The liquidators of the National Hardware and Machinery Cn. applied for an order »'-»>,-r, Foster and Telfer, timber merchants of Wl-.angar-i. and Arthjr W. White, riiree•or of the company, for the payment nf the sum of i'li.'iti 14s 5d to E. K. Caygill and T. Newburgb, accountants and liquidators of the company. Mr J. H- Upham appeared in support of the motion, and Mr W. J. Sim for Foster and Telfer. and White. It was alleged that there was an equitable assignment on May 30' h. 1924, from the company to Foster and Telfer of a debt of the amount stated. This sum was owed to the company by the C. and A. Odlin Timber and Hardware Co.; the assignment wa.4 alleged to be 3 fraudulent preferem e on behalf of Foster and Telfer, and White, who caused the assignment to be given by the company, was alleged to be guilty of 3 misfeasance. Pending the filing of documents by Mr Upham for examination by counsel for the opposing side, and the examination of Jones, the hearing of the motion was adjourned to October 21st, all questions of costs to be re.scrved.

MAGISTERIAL. THURSDAY. (Before Mr .1. G. L. Hewitt, S.M.) DKITNEEXNF.SS. A woman, charged with drunkenness for the first time, was convicted and discharged. A man; who had been bailed out of the lockup, was fined 20s. A DOUBLE CHARGE. Charged with failure to provide his wife, Florence Llovd, with adequate maintenance, Frederick Norman Lloyd pleaded guilty. Ho agreed to the issue of maintenance, separation and gnardianship orders. He also agreed to maintenance being fixed at £2 a week. On .a further charge of having obtained a suit-caso and a shaving-case valued at £lB 18s from Charles H. Kingsford by false pretences, he was remanded to appear at Auckland. CTVTL BUSINESS. Judgmont by default was given for tho plaintiff in oach o£ tho following cases: — New Zealand Farmers' Co-op. Assn., Ltd., v. G. I'imm, £2 17s Id; B. Rogers v. Albert Lansdowno, £1 2s 3d; Harold Goodwin v. V Tolchard, £l3 5s 4d; New Zealand Farmers' Co-op. Assn., Ltd., v. L. Griffiths, £ls 13s sd; J. G. Lamb v. L. Young, £5 ss; Swann, Larc.ombe, and Moore, Ltd., v. "Winnie Morrissey, £1 (is 2d; J. and A. "W. Muunings v. C. \Va6ton, £5 la lid; Goodrich Silvertown Tyres, Ltd., v. F. Taunton, £lB 0s; same v. Peter Reilly, £22 Is 7d; same v. Fred. Williamson, £4B 13s Id; Christchurch Motors, Ltd., v. James Cruso, 8s sd; F. D. Kcstovcn v. H. Ireland, £l2; R. S. Shillito v. Tyson Hodgson, £ls 6s lOd; Thomas Perry aoid Ron, Ltd., v. W. P. Cummings, £l6 10s; William G. McNeill v. H. W. Badger, £1 15s 6d; Henry Snook v. P. Marrott, £2 2s 4d; Frank Needham v. Raymond Rapier, £1 17r 6d; same v. S. Halliday, £C lis lid; same v. W. Taylor, £2 Is 8d; Riehard Ingram Low v. T. J. Crosson,, costs only; J. Ballantyne and Co., Ltd., v. H. Bloomfield, £39 5s 6d; Frank Heedham v. Harry Nicholas, £3 13s lOd. His Worship ordered L. Bollett to pay Kincaids, Ltd., the sum of £3 4s 2d, in default throe days' imprisonment, the warrant to be suspended so long ns defendant paid not less than 5s a week. LAND AGENT'S CLAIM. An anctioncer, Joseph William Hamlet (Mr Cowan), sned Edward Wilson, Madras street (Mr A. C. Brassington) for £ls as consideration for the plaintiff erecting notice boards, advertising and preparing particulars offering certain properties fop 6ale. Tho defendant counter-claimed for £33 lis 6d, alleging that Hamlet, while agent, had done his work negligently and improperly, and had incorrectly represented to defendant that lie had sold three houses. Judgment was given for plaintiff for £ls on the claim, and for Wilson for £l2 8s 6d. TRAMWAY BOARD SUED. A formor tramway omployee, Frank Entwhlstle, claimed from the Tramway Board £l, being balance of wages due. Tho Board countor-claimed for a similar amount, said to be tho value of an overcoat supplied to Entwhistlo and lost by him. Judgment was given for plaintiff on tho claim for .€l, and for tho Board on the counter-claim for 10s. NON-SUITED. Mrs Mary Milligan, Christchurch (Mr R. L. Saunders) claimed from Samuel, P. Briggs, Gloucester street, Christchurch (Mr Oowan), the sum of £26 lis, being six fortnightly instalments of principal ami interest due in respect of the purehaso by Briggs's wife from plaintiff of a house in Gloucester street. Plaintiff was non-suited by consent.