MAGISTRATE’S COURT

Evening Star, Issue 22891, 24 February 1938, Page 13

MAGISTRATE’S COURT

THURSDAY, FEBRUARY 24. (Before Mr J. R. Bartholomew, S.M.) UNDEFENDED CASES. Judgment for the plaintiffs, with costs, was given by default in the following cases:—Emslie and Flockton v. James Malcolm Young and William Erridge, £l3 16s 6d, work done and material supplied; Charles Mills Greenslade v. Roy Wells, £1 Is, professional services rendered; the Otago Hotel, Restaurant, and Boardinghouse Employees’ Industrial Union of Workers v. L. Blackwood, £1 Is 6d, union contributions ; Stanton Bros. v. Dunedin Hygienic Towel Supply Company. Ltd., £2 Os 9d, goods supplied; Stanton Bros, v. H. P. Bloxham (Te Awamutu), £3 9s'7d, goods supplied} T. E. M‘lnnes v. Stuart Walters, £1 16s 6d, goods sup? plied; Electric and Plumbing Supplies v. Henry George Anderson Barnes (Waipori Falls), £1 ss, amount owing on 1.0. U. JUDGMENT SUMMONS. Butterfields Ltd. proceeded against Edward Dalton, claiming £2 13s on a judgment summons. There was no appearance of the judgment debtor, and the magistrate made an order for payment of the full amount, in default of three days’ imprisonment. POSSESSION OF A RADIO. Kodak (New Zealand) Ltd. proceeded against George Casey (Mosgiel) claiming possession of a radio set sold to the defendant under a hire purchase agreement, or the sum of £ls 18s 6d. After hearing evidence the magistrate made an order for the return of the nstiument, or payment of a sum of £6 7s 6d. CLAIM FOR DAMAGES. Frederick William Clayton, linotypist (Mr A. N. Haggett), proceeded against Eric Wade Grave (Oamaru)' claiming damages amounting to £55 10s 6d, as the result of a collision between motor cars driven by the plaintiff and the defendant near Waitati on May 29. Mr Haggitt said that the claim was that defendant was on his wrong side and collided with the plaintiff’s car on the Dunedin side of Waitati. An unusual feature was that after the accident the defendant was not only willing but anxious to sign an acceptance cf liability. This was done, but the defendant went back on it, which resulted in the case, being brought. 1 After evidence had been given on behalf of the plaintiff, judgment was given in his favour. POSSESSION OF A PROPERTY. Margret Brownlie Fleming proceeded against Kenneth James Pickering, claiming possession of 'a property in Pacific street and arrears of rent amounting to £9 10s. Mr E. S. Tuckwell appeared for the plaintiff and Mr B. S. Irwin represented the def*idant. Mr Tuckwell explained that the plaintiff had arranged with the defendant for a monthly tenancy of the property to commence on January 25, 1936. A condition was that the plaintiff should occupy one room in the house, which was furnished. A few days after possession had been taken the plaintiff had to leave the district for some time, and on her return was told it was inconvenient for her to have the room. Application was made again later, but the plaintiff received the same reply. Her solicitors had served two notices to quit, but they had been ignored. The rent amounted to £l9 10s up to January 29, 1938. The defendant had paid £lO in February, which left £9 10s still owing. Since then three weeks’ rent had accrued, making a, total of £l4. The plaintiff desired to live in the house herself. That was one of the grounds for the claim; the others were arrears of rent and the wastage of the property. Other suitable properties had been - offered to the defendant. Mr Irwin claimed that the whole proceedings were bad. and it was a most iniquitous thing for the plaintiff to make the claim. He said the house was-in good condition, and the tenant was looking after the garden, (Eroceeding.),

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