CLAIM FOR £65

Press, Volume LXXXVII, Issue 26513, 30 August 1951, Page 5

CLAIM FOR £65

COUNTERCLAIM BY DEFENDANT RESERVED DECISION GIVEN John Harold Aubrey Moore, a sharebroker, of Hanmer Springs (Mr D. W. Russell), claimed from George Lowis. a storekeeper, of St Andrews Hill (Mr B. G. Dingwall), a total of £65 17s 5d in a case heard in the Magistrate’s Court, on which the Magistrate (Mr F. F. Reid, S.M.) gave his re-, served decision on Tuesday. counter-claimed for the sum of £BO 16s 2d, admitting the claim of £65 17s 5d by Moore, and asked for judgment on the balance of £14.18s 9d. “The defendant admits that he received from the plaintiff by cheques and cash a total of £65 17s sd, out he denies that these moneys were received by him for the use of the plaintiff and he counter-claims for a balance allegedly due to him of £l4 18s 9d,” said the Magistrate in his decision. “The only question for determination, therefore, is what amount, if any, is owing by the plaintiff to the defendant.” . . Lowis claimed £2O as a reward for finding Moore’s watch. “It is not without significance that when the defendant rendered a statement of account to the plaintiff’s solicitor he claimed this sum as due to him on a bet,” said the Magistrate. “It is true the defendant did locate the plaintiffs watch, but there is no evidence that he incurred any expense or loss in time in doing so and I disallow that part of the claim. Similarly the sum of £l2 was originally claimed as damages for time lost for protecting property, but in his counter-claim he claims that this amount is due to him under a promise made by the plaintiff to him. The plaintiff denies such airangement and I hold in respect to this item that the defendant has failed to discharge the onus of proof,” said the Magistrate. Other counter-claims made by the defendant were dealt with by the Magistrate so that a total of £35 5s 8d was allowed the defendant. “This means, therefore, that on claim and counter-claim there is a balance due to the plaintiff by the defendant of £3O Ils 9d. and the plaintiff will have judgment on the claim and counterclaim for that amount.”, said the Magistrate.