CIVIL CASE.

Manawatu Standard, Volume L, Issue 195, 16 July 1930, Page 2

CIVIL CASE.

LEAVE TO DEFEND. BENCH REFUSES CONSENT. There were some sharp exchanges in ,Magistrate’s Court to-day when the hearing of a civil ease with unusual features was concluded. Proceedings were instituted bv lord Motors (Manawatu), Ltd. (Mr Grant) against the Yorkshire Insurance Company and A. A. Wood, commission agent, of Palmerston North, w'ho were joined as defendants to an « C oJ°? in which a claim was made for x/J-l i s 6d. Evidence was given to the effect that \Vood had his car damaged in a collision and took it to the plaintiffs’ garage for repairs, the cost of which was assessed at £24 7s 6d. This amount, it ivas stated, was paid to Wood by the insurance company. Plaintiffs alleged that Wood had taken his car from the garage and that they had not received payment for the repairs. They alleged that the insurance assessor had authorised the work, but this was denied by the defendant company, for whom Mr Helling appeared. i Wl ir n P r °ceedings were resumed today Mr Onglev stated that he was appearing for Wood and as no defence had been filed, he sought leave to dctend. The Magistrate intimated that he would refuse consent until the money allegedly received by Wood was paid into Court. He stated that he was perfectly within his rights in taking up that attitude, and said that the action m receiving the money and not paying for the repairs savoured of dishonesty. Mr Ongley: I submit not. The Magistrate: I submit so. When the money is paid into Court I will grant leave to defend. .Mr Ongley said he was unable to give any undertaking and rose to make a further submission. Take it or leave it,” said the Magistrate in refusing leave to dePlaintiffs were non-suited in the claim _ against the insurance company and judgment by default was given against Wood.