Magistrate's Court

Golden Bay Argus, Volume XIII, Issue 52, 26 May 1910, Page 4

Magistrate's Court

Before J.S.Evans, Esq. S.M 1 Wednesday, 25th May. civil. B, liayes y, J. W, FWfHJfIS'Claim •s%% \% fifl, balance due on. gjl'i-of-safe, and iulerest due thereon • Mj If ayes for pjajutift M r A tk i n ' £Qn for defendant. This case was a continuation of a former case in which defendant produced a receipt from Mr Hayes for the full amount of the bill-of-sale and interest to date of payment. Notwithstanding the receipt, Mr Hayes said defendatu had part} qujy tlie" interest, leaving the principal still due, and that the receipt for the full amount was given by inadvertence. In the former case, which was for interest only for a later period, the Magistrate held that the probabilities were that Jfergtison h,ad not paid thej principal.' The principal and accruing interest was now sued for. ■' Mr Hayes gave evidence that the amount sued for had never been paid, arid put in letters from defendant which, seeded to imply >bat the principal money was still owing. , Defendant's case was that he had met Mr Hayes in Collingwood and paid him in cash, and the balance of/"6ios then due by a cheque. The pill-pf-sale referred to iii the letters produced was a renewal of the bill, which Mr Hayes had promised at time of payment of principal. Defendant was subjected to close

esatuiiaatidu by : thg t"e/'th.e proceedings lasting for- some hours. His Worship, in giving judgment, said there was no possible doubt in his mind that the money had not been paid. .Defendant's story was absolutely irreconcilable with his., letters and actions queut to the alleged payment. His Worship spoke severely on the nature of defendant's evidence. He would impound all the letters anddocuments in the case, in view of probable criminal proceedings. Judgment would be for the amount claimed, with costs, which amounted to ; total 12?.

Harvey and Harris v. G. H. Allan.—Judgment was given in this case, heard last court day, which was a claim for ,£8 :os tor work done On Adams' farm, the claim being disputed as the work had not been done properly. After inspeciiou of the. work, His Worship said Ljwas satisfied.the work was not done, but he thought defendant was estopped from repudiating liability to the exte-.t of £b 10s, which sum had been paid to Harris as his share of the contract. He would have to give judgment for this sum andcouit costs 14s, but plaintiff would have to pay his own counsel and witnesses, as His Worship thought plaintiff was getting too much for the work be had done, and he was sorry the case could not bave been settled privately. M<- Hayes for plaintiff, Mr Atkinson for defendant.

Collingwood County Council v. John Haldaue.—Claim, £\s> for overdue rates. Further evidence and argument in this case was taken, with respect to the validity or otherwise of the proceedings, the practical purport of the objection being that the plaint note did not specify the particulars of,the rates claimed, and did not fully-set out the nature of the action. •< >

Mr Houlker for plaintiff,..Mr Hayes for defendant. u, j-i 1 e\u lant had paid the'bul-k/ol the rates claimed, and repudiated liability for others, but the case practically' "resolved itself into a q uestion as" 'to* whetfi'er 'the act ion of defendant in'tendering or paying the rates amounted to a. waiver of or acquiescence in tfte- defects ,in tjje plajnt-npte. t<ong legal .argument look place, and voluirriuous authorities were quoted on both sides, and His Worship ruled that any acts perlormed by defendant did Mot amount to waiver or acquiescence, and dismissed the action, allowing defendant 10/■ costs for one dajfc attendance,

|ob,u William Harvey, late of Collingwood and now of Pigeon "Valley, sued his sous Albert and Hope Harvey of West Wanganui, ■• ,for maintenance, as per week each. Evidence in this case, which is to be heard in Nelson, was taken as to the ability of the sons to contribute towards then father's support, both defendants being examined and cross-examined at length, Mr Hayes appearing for claimant &u 4 Mr Atkinson for ..defendants. One civil case was adjourned for a month, and several were settled out of Court. 'lhe Court rose at 7 p.m., after a. long day's sitting.