CLAIM AND COUNTER-CLAIM

Evening Post, Volume CIV, Issue 68, 17 September 1927, Page 19

CLAIM AND COUNTER-CLAIM

Mr. T.E. Hauiißell, S.M., presided over . a special: sitting of the Petone Magistrate's Court on Thursday. J. W. M'Ewan, grocer, of Petone, claimed £123 15s. from J.-B. Kerr. grocer, of Wallaceville. Of the sum claimed £48 15s was for rent and the remaining & 75' was for', goods alleged' to have teen destroyed through negligence on the part of th.c defendant. As a separate case Kerr claimed £81 19s 7d from M'Ewan, the money including £30 Is lOd as interest on money lent, and £51 17s 9d which was still to te repaid "out of the sum lent to M'Ewan. It was decided to take both cases together. The facts as outlined in the statement of claim in the first case showed that in 1926 Korr, being out of employment, was appointed by M' Ewan, ■who was about to leave on a holiday voyage, as manager of the business during his absence. Kerr was to receive £5 per week, and was to have the use of the plaintiff's house, at a' rental of 25s per week. If at any time Mr. M'Ewan was in the house during the - occupancy by Kerr, his board was to offset the rent. Kerr had said he would probably have some money which he would be willing to put into the business, and M'Ewan had said he could do so if- he wished, and if the business prospered M'Ewan would pay the bank rate of. interest, 7 per cent., on the money when he Kerr put £200 into the business during his absence.! During Kerr's managership the business had not been profitable, and on' his return, M'Ewan found that his house and its contents had suffered considerable depreciation. Goods and chattels valued at £75, the main item ■ of wnich was what was thought to be an original Eembrant painting which he valued at £60, had either disappeared or been destroyed. f«jr the defonco' it was elnimsd that Kerr had accepted the position on the terms that he was to receive £5 per week, a quarter share of any profits, and interest at the bank rate on any money he should invest in the business. M'Ewan was to forego the rent on the condition that the house was. properly looked after. The presence of the painting in the house at the time of occupancy was denied, and it was claimed that, the house was handed over in a butter condition than when it was entered. The other goods mentioned had either never been in the house or had been worthless. The Magistrate decided to inspect the premises, and reserved his decision. Mr. G. Findlay appeared for M'Ewan and Mr. A.-Or. Mazengarb for Kerr. |