MAGISTRATE’S COURT

Evening Star, Issue 21092, 3 May 1932, Page 10

MAGISTRATE’S COURT

TUESDAY, MAY 3. (Before Mr J. R. Bartholomew, S.M.) Judgment by default for plaintiff (with costs) was given in the following cases:—D.S.A. v. V. Hancock, £G6s4d, goods supplied; John Mill and Co. v. R. Lorimer, 13s 6d, goods supplied; Otago Preserving Company v. W. P. S. Emslie (Geraldine), £SO, money, lent; Enterprise Service Station v. J. J. Russell, £lO 10s lOd, goods supplied ; E. Meeuan and Go. v. James Bailey (Otckaike), £6 18s 6d, goods supplied; D.I.C. v. Jack Anderson (Wellington), £5 15s Cd, goods supplied; E. Friedlander v. J. A. A. Paterson, £3 12s, rent due; D.I.C. v. R. S\v‘anjan (Timaru), 12s 3d. goods supplied ; John Swan and Co. v. Joseph Doe (Invercargill), Bs, costs only; W. A. Scott and Sons v. Stuart D. Waddell (Mataura), £9 6s 2d, goods supplied; Lloyd B. Duncan v. W. Spence, £1 4s, money lent; Stanton Bros. v. Tapp Bros. (Pukemiro), £9 8s ,6d, goods supplied. JUDGMENT SUMMONS. The Otago Farmers’ Co-operative Association proceeded against R. Ashfield, who was ordered to pay £2 2s forthwith, in default two days’ imprisonment. CLAIM FOR POSSESSION. ' Constance Muriel Slimier proceeded against M. Anderson on a claim for possession of a house, situated at No. 13 Helena street, South Dunedin. Counsel for plaintiff said the defendant was living in tl:o house and had paid no rent. He claimed that he had the right to do so, and plaintiff claimed that he had not that right. The defendant went into the house in July, 1931, the property at that time being in the name of Mrs Jessie Swann, mother of the plaintiff, and the house was later transferred to plaintiff. From August to Novembir, 1931, Mrs Swann lived with the Andersons, who paid no rent, and plaintif claimed that the right to live in the premises free of rent ended when Mrs Swann left. Plaintiff, in evidence, said the property was a gift from her mother to lier, and when fhe transfer was made witness made no inquiry as to whether there was any arrangement between her mother anc the Andersons. The proceedings we’o not the result of a family quarrel. Counsel for ihe defendant, in asking for a non-suit, said that as the result of negotiations between Mrs R. Anderson and Mrs J. Swann, through her agent, Mr D. A. Swann, a contract in writing was filtered into in August, 1931. The cmtrgct provided that, in •onsideration of Mrs Anderson, looking ’,l'tcr Mrs Swam, the Andersons should ivo rent fret for two years, and that hiring the various times that Mrs Avann occujied the portion of the louse allotted her Mrs Anderson should ■cceive 10s i week to cover her board. Mrs Swann was over eighty years of, ■ go. and as a result of her ago was a ilost difficut person to caret for. Durng July. 1931, Mrs Swann wrote to "a- son stating her approval of the •rrangeraejt, and in that letter she 'so offeree to transfer the property to : m but ac did not take advantage ■ the offir In October, 1931, Mrs nun vicated her room and went i live ‘ with her daughter, Mrs ; inner. In January the pro-m-tv was transferred to Mrs Skinner ul ‘ notki was later served on Mr •iderson husband of tho tenant, aiming possession of tho property or mt at’-Qs a week. Counsel claimed iat plaintiff was taking advantage of irs Swain’s ago, and that the Anderons we‘o the scapegoats of a family cud. ;Io submitted that defendant .ns enitlcd to a non-suit on tho u-ound that ho was not tho true de■ndaut —he was not the tenant. Tho .Magistrate said .it was not a case to’ a non-suit. As far as the evidence jvent, it showed that tho property tas being occupied by no right, contray to the will of the owner. KvhbneO was given by David Anderson Stann, who said he had acted as agent; for. ids mother for about two years! and he told of the arrangement

entered into with Mrs Anderson. He said that for fourteen years Mrs Skinner had looked after her mother and had occupied the house rent free. Then trouble arose between his mother and the Skinners, and his, mother went to Christchurch. The Skinners left the house and witness procured tenants for it. He collected the rent and acted generally as his mother’s agent.Mrs Anderson said that when Mrs Swann left the house she said she was going only for a few days, but later witness received word that Mrs Swann was ill and would be back in a fortnight. The room , was still there for Mrs Swann, and witness was quite prepared to keep the arrangement into which she had entered. (Proceeding.)