MAGISTRATE’S COURT

Hawke's Bay Tribune, Volume II, Issue 288, 9 November 1912, Page 3

MAGISTRATE’S COURT

I HASTINGS. J ! JONES v. KOKO. I I The ease J. J. Jones v. Solomon ! j Koko claim £46 4 1 for goods alleged ito have been supplied, money lent ! and renewal of a promissory note j was continued yesterday afternoon' i before Mr. S. E. McCarthy, S.M. : ] Mr. I). B. Kent appeared for plaintiff and Mr. Holderness for defend ant. I nder further cross-examination’ by Mr. Holderness plaintiff admitted I that Koko had paid him £;> which i had not been credited. Koko had • also offered him half an acre of land jin a native block in April, 1910. Plaintiff replied that he did not want ' • the land, but later on an acre in j the block was transferred to him I and he subsequently sold it to Mr. [ Blake for £l5. The land was purely a ! gift and had nothing to do with the! i money that was owing to him. Koko! i was owing him about £6O when he' ’gave plaintiff the land. Plaintiff de-. I nied that, the acre was given to re-■ , dues defendant’s account by £49. ! I Plaintiff Vas subjected to r.' , lengthy cross-examination regardI ing his accounts, counsel contending' | that the items in jilaintiff’s books: I did not tally with those included in : ' the account on which Koko was be-i ;ing sued. i | Mr. McCarthy ultimately interven-! ■ed and said if every case which! j came before him was drawn cut : ■such k-rgil::;. h? would nci er gc,. ’ I through his work. He suggested; : that both counsel should go throighi the books and see how the accoumsi ' stood. It was not the duty of the court to do so. [ Air. Holderness said the plaintiff I should have presented a clear stateI inent of accounts. He applied for a non-suit. Mr. McCarthy said he was not. j prepared to grant a non-suit. The : case would be adjourned to allow ' counsel to go through the books, and to give the parties an opporI lunity of settling the matter out of i court. The further hearing of the case was accordingly adjourned to November