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A dispute "concerning an account" was heard by his Honour the Chief Justice this morning. The claim is one for £161 17s 3d made by the Wellington Loan Company against Francis Loudon, and the case turns on whether a letter &ent by him on 19th July, in leply to a demand by the company for the money, was an admission of liability. In this letter defendant said he was prepared to gi\ j his bill at three mor-ihs for "the amount of your claim" 'wKiout further interest. "If this is not * ■vtisfactory," the letter concluded, "you can go on with the music!" Mr. Gr^y, who appears for the plaintiff compai y, contended that this was, an admission of liability ; but defendant's counsel (M.\ Loughnan) argued that the letter did i-:t constitute an admission, and he askeu for a nonsuib. It was not an unconditional admission of debt, but simply an undertaking by defendant to pay the amount asked fov after three months. No doubt in making this offer he was swayed by the thought that he would get the use of the money for three months for nothing, instead of having to pay the 30 percent, that the company usually charged its clients. His Honour reserved judgment. "Yoil have gas down yoir.- street, and we have not gas down our street," said Mr. H. A. Hurrell to the Mayor, Mr. T. W. M'Donald, last ev-ning, when waiting on the ' Hutl Borough ' Council. Mr. Hurrell admitted that he was not lit all satisfied with the sUte of affairs he had referred to, and hi had been "Ihirking some very funny things'' about it, particularly as his street had a better claim to gas than the Mayor's street, as the latter led nowhere, ar.d his street i led somewhere. The Mayor, with much J dignity, ruled that the fact that gas was in the street he lived in was quite iireleviinb to the question whether gas should be in the street where Mr. Hurrell is domiciled. The Mayor added that the Petone Borough Council, and not the Lower Hutt Borough Council, controlled the gas supply. The gas was in his street because, when not a member of the Hutt Council, he and others continually approached the Petone Council. Mr. Hurrell could go and do likewise. ' In further repudiation of any suggestion of self-interest, the Mayor suited that he did not use gas anyhow — be .used candles. H-j hoped the Petone Council' would soon give the Hutt Council a chaTice to buy the gas plant in the Hutt Borough. A deserter from H.M.S. Challenger j named James Desmond Cody, alias Lowe, j alias Giles, was charged b'fore Dr. A. ! M'Arthur, S.M., yesterday viih. false prelencesj Eiidence for tho prosecution showed that accused purchur-ed a watch and chain from a travelling jeweller at the Upper Hutt named Morris Harris, and tendered in payment a cheque on the Bank pi Xcw South Wales for £5 ss, which, purported to be drawn -by "Mr. W. Xorris" in favour of "Mr. Geo. Giles " Harris gave accused £2 in change, and on presenting tEe cheque at tho bank had it returned marked "No account." Korris and Cody stayed together at the Masonic Hotel, the latter under the name of "Giles." On being arrested accused stated that he found the cheque in a room vacated by Norris after Norris had left for Sydney or j America. A charge of forgery of the j hame cheque was withdrawn on account of i Xorris being away. Accused, after depositions had been taken, entered a plea of Guilty, and was sentenced to thrco months' imprisonment with hard labour. The directors of the No. 2 Co-operative Building Society of > Wellington in their annual report state that in the ten years of its existence the society has made appropriations amounting to £13,200, and it continues to fulfil the "purpose for which it was formed. The uirectors arc satisfied that the securities Iwld for loans advanced are tfufljjcienl, and . that the position of the society is sound. The profit and loss account for the year fhows a loss," but the loss is more than covered by subscriptions which Jiave been allowed in tho year by members who have paid off loans and left the society, but which, subscriptions have not been transferred from the capitil account. The society is, therefore, financially stronger than it was a year ago. In the year Mr. H. Jay, who had rendered good service to the society, retired in consequence of outside > business arrangements, andJtfr. J. B. Graham, who has been a director since the beginning of the society, and Chairman for the last two years, retired by rotation. Mr. Graham, being eligible, offers lymself for re-election. The annual meeting of the society was called for last evening, but lapsed for want of a quorum. The Petone Borough Council met last night, the Mayor (Mr. G. London) in the chair. There were also present: — Councillors Macfarlane, Wakeham, Findlay, Hastings, M'Ewan, Nicholson, and Coles. It was resolved on Councillor Findlay's motion to request Mr. Wilford to endeavour to expedite the passing this session of the Pelono Enabling Bill — designed to enable the Council to purchase land required in connection with the construction of the proposed uharf. The Gas Committee reported that it would consider the matter of the sale of the gas plant to the Hutt Borough Council at next meeting. The Engineer was instructed, .on Councillor Findlay's motion, to report as to the feasibility of making a plantation along .the Esplanade. The purchase of a small number of arc lamps for street lighting was authorised. It was resolved on the motion of Councillor Hastings :■ — "That this Council arrange for legislative powers to enable the taking over and maintaining of all private streets of a width of not less than 40ft in Petone, provided the expenses incurred are paid by the land-owneis interested, and that before such streets are taken over they are properly, formed, kerbed, and drained at the expense of such owners." There was a record attendance at the meeting of the Executive of the Employers' Association last night. Mr. Thos. Ballinger occupied the chair. It was reported that as a result of the evidence given by employers, the Factories Act Amendment Bill was being greatly modilied. Fuither arrangements were made in respect of the public dinner of the association, which was fixed for Wednesday, 6th September. Delegates to the Federation Conference and a number of representative men will be present. Tho delegates elected by the Wellington Associulion are Messrs C'lble, Ballinger, Veilch, and J. P. Luke. Further' action on the matter of observing odd holidays on Mondays was left to the federation. ! Attention Svas called to action of the Insurance Institute in discussing tho mcdi- I cal aspect of the W/orkers Compensation Act, and the hope was expressed that copies of Dr. Faulke's paper and reports of tlie discussion would be widely distributed. The question of widening Moxhamavenue was referred to at yesterday's meeting of the Citj Council, nnd the matter was left in the 'hands of the Mayor and the Engineer. The widening of tho btreet is proposed in connection" with trainwuy works. The New Zealand Express Company's Van meets the incoming MaiHuvalu express every night. Luggage for town or steamer carefully delivered. Charges moderate.— Advfr-

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/EP19050815.2.15.7

Bibliographic details

Evening Post, Volume LXX, Issue 39, 15 August 1905, Page 4

Word Count
1,219

Page 4 Advertisements Column 7 Evening Post, Volume LXX, Issue 39, 15 August 1905, Page 4

Page 4 Advertisements Column 7 Evening Post, Volume LXX, Issue 39, 15 August 1905, Page 4

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