MAGISTRATE’S COURT

Evening Star, Issue 19614, 21 July 1927, Page 6

MAGISTRATE’S COURT

THURSDAY, JULY 21. (Before Mr .T. R. Bartholomew. S.M.) DBF AULT CASES. Judgment was given for plaintiffs in tha following undefended cases"osier and Higginson v. A. Helm £1 Is 4d, for goods supplied; John Edward Butler, Lid., v. J. Cusack (New Brighton), £8 31s, for gondii A. and T. Burt, Ltd, v. H. Urquhart. 17s 6d, for work" done; J, F. Colgan and Sons v. G. Dyer, £3 14s 3d, for account duo; A. W. Stott v. Stan. Low (OutramL £1 16? lO.i, f or goods supplied; John Edward Butler, Ltd, v. J. Cunningham (Timaru), £2 15s 6d, for account due. LOSS BY FIRE. Messrs Watkins and Neibun. Lid. (Mr W. G. Hay), proceeded against' Messrs Munro and Co. (Mr A. G. Neill) for £B7 15s, this being a claim involving insurance of goods destroyed by fire. The plaintiffs stated that in August, 1925, it had been arranged with defendant that cloths, tho property of plaintiffs, should he. made up from time to time. The material was to bo supplie.d by plaintiffs and defendant was to supply the necessary trimmings. Ho was to be paid for the. work of manufacture. In pursuance of this agreement, material had been delivered for the purpose of being made up by defendant. Defendant had agreed to keep the clothing, the prorerty of plaintiffs, covered by insurance. In December, 1925, there was a fire on defendant's premises, and a largo quantity of cloth was destroyed. Tn breach of tho agreement defendant had ;int kept plaintitfs fnllv insured.

Mr Hay, who appeared for plaintiffs, stated that tho insurance policy had not covered tho value of tho goods, ami, under the policy, nothing had been paid. H» was of the opinion that there would he no dispute with regard to the value of the goods. A discussion concerning insurance had arisen, and defendant had agreed to keep the goods fully covered. When a fire broke out a few months later it was found that no insurance had been taken out. A complete loss was sustained. He considered that a contract had not been carried out.

'.Valter Jaimv; Watkins and James Alfred Neilsou, plaintiffs, gave evidence. Percy Todd, of Messrs; Macky, Logan, and Caldwell, gave evidence that his firm also had sustained loss through the fire. The case is proceeding.