MAGISTRATE'S COURT

Evening Star, Issue 19584, 16 June 1927, Page 9

MAGISTRATE'S COURT

THURSDAY, JUNE 16. (Before Mr J. R. Bartholomew, S.M.) CLAIM FOR POSSESSION. Robert Sim Troup (Mr Fairmakl) claimed from Thomas James Lcthaby CVfr E. J. Anderson) possession of a dwelling house and premises in North road, North-East Valley,_ and also £4 Is for rent due.—Plaintiff, in evidence, said that he had ono child, and in November last year he was living in rooms in George street. Ho was now living in North-East Valley, and paying 2os a week rent. When plaintiff was living in George street his sister was to buy the house in question and rout it to plaintiff. Plaintiff’s sister’s action to obtain possession against Lethaby failed, and it was then arranged that plaintiff should take over the house from his sister at £360. It was plaintiff’s intention to live in the house.—Evidence for the plaintiff was also given by William B 1 gmrd. -The Magistrate said that it was _ obvious from his evidence that plav t::f wished to live in the house himself, and an order for possession on or bet ore ■'my 14 would be made. It was stated that the amount claimed for rent ban been paid into court. Plaintiff was allowed costa amounting to £1 6s. NO ORDER MADE. The New Zealand Hardware Co. (Mr IT. E. Barrowclongh) proceeded agamst Alfred W. Lcgg (Mr W. L. Moore; on a judgment summons to recover £3 13s and costs (Ss) .—Defendant said lie was a married man with a family of four. Ho had been out of work for a month, and his two eldest sops wore also_ unable to procure work. He admitted getting £5 a week for some time after the judgment was obtained. He was prepared to give bis creditors £3 10s a week. —No order-was made. TENEMENT CASE. Edgar Scott Clarke (Mr W. _Ward) applied for an order of possession for a dwelling and premises in Glasgow street, at present occupied by John Smith (Mr 1). R. White). Rent and damages were claimed, amounting to £lO 13s 6d. Plaintiff said he lived at Woodhuugh. He had let the property to defendant at 6s a week, and the rent was in arrears. Ho had served notice to _ quit on April 9, and defendant was still in possession. Lie complained also of household damage. Mr White said that defendant was in ill-health, and that his wife had_ five children depending on her. Plaintiff had given notice to defendant's daughter, aged fourteen. The notice had not been passed on to her mother. The defendant’s wife said that she had not received from her daughter the notice to quit. The rent hook had been mislaid, and found only a fortnignt ago. Plaintiff had stated that be would got more rent if she would shift out. The Magistrate, in summing up the case, stated that the notice was not sufficiently served. The handing ot a notice to an irresponsible child was nol a service on the owner. Ho could not make an order A Co, ho did not hold defendant responsible lor damage.- to the house. The rent had been paid into court, and no costs would be allowed, DEFAULT CASE?. Judgment was given lor plaintiffs by default in the following cases;—Francis Matthew Shirley (Mornington) v. Alfred Williams, £3 2s. goods supplied; Robert Bews v. Joseph Verrina (Tort Chalmers), £d f>s Cd, account stated: John Edward Butler, Etd. v. A. Newport and Son (East Oxford) , £7 17s Bd, goods supplied; J. Tyson and Son v. Henry Arthur Hirt (Tomahawk), £4 10s Cd, goods supplied ; John Edward Butler. Ltd v. A. Palmer (Papatoetoe), £l ISs 3d, goods supplied; Tayendalc Bros. v. Connie Potts (St.^Clair), £3 11s 7d, goods supplied; C. Kydd v. F. Stirling (Port Chalmers), £7 10s, board and residence.