HASTINGS MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume XIV, Issue 234, 10 September 1924, Page 6

HASTINGS MAGISTRATE’S COURT.

(Before Air. R. W. Dyer, S.M.) TO-DAY’S PROCEEDINGS. MILITARY DEFAULTERS. Two juvenile offenders for failing to register for drill under the Defence Act were convicted and discharged, Sergeant-Major O’Leary not pressing for a penalty. DEFENDED ACTION. W. G. Jaeger, tailor and mezeer (Mr. E. Commin) sued H. G. Avery (Air. F. P. Kelly) for £l5 9/-. a balance alleged to be due on goods supplied. The defence was that the amount was paid. Plaintiff, in this evidence, said that a firm of solicitors who were collecting for his firm, sent the account of £4 9/-, in error, instead of £24 9/- and defendant forwarded the money, receiving a receipt in full from the solicitors. The mistake was discovered and the solicitors wrote explaining the Sisition. Witness met Avery in Aucknd some three years ago. when he promised to pay him £lO, but he never aid so. He did not deny the claim. Witness said his firm were always careful to issue receipts. Frank S. Byrne, Puketapu, lately manager Jaeger’s mercery department, also gave evidence, denying having received moneys for which no receipts were issued.

The evidence of defendant, taken in Auckland, stated that he sent several remits of £1 but he wrote to the manager saying that he did not want receipts for the pounds. He received an account for £4 odd, which he considered to be the amount due at the time. His Worship said that the onus of proving payments was on defendant. He looked upon the statement that defendant wrote the manager saying that he need not send receipts for the £1 remittances with considerable suspicion. Judgment would be given for plaintiff for the amount claimed, with costs £6 18/3. UNDEFENDED CASES. Judgment was given for plaintiffs in the following undefended actions:—W. A. Lean v. S. Britten, £7, costs £1 16/6; Beard, Bullen and Co. v. J. Masterson, £G 9/6. costs 33/6; R. Nairn v. A. Johnson. £3G, costs £4 1/6; E. S. Cliff and Co. v. Russell Ltd., £ll 3/5, costs £2 14/-: Creditors’ Association v. Mrs. W. Devinnie, £4 13/9, costs 23 6; same v. E. Wilson, £2 8/-, costs 24/6. Judgment Summonses.—Al. Johnson v. O. J. Price, £1 16/-, to be paid in 14 days or 7 days’ imprisonment; H. McKenzie v. D. Liddington, £45 14/6, to be paid at the rate of 10/- a week or a month’s imprisonment.