MAGISTRATE’S COURT.

Manawatu Standard, Volume LIV, Issue 304, 21 November 1934, Page 12

MAGISTRATE’S COURT.

CLAIM BY COMPANY. In a case heard at yesterday’s sitting of the Magistrate’s Court by Mr J. L. Stout, S.M., Hodder and Tolley, Ltd., of Palmerston North, proceeded against J. L. Bennett, hotel proprietor, of Palmerston North, for the sum of £l7 19s 7d. Mr H. 11. Cooper appeared for plaintiff and Mr P. E. Baldwin for defendant. In the statement of claim it was alleged that the sum was due by defendant to the plaintiff company as assignee of a sum of £l7 19s 7d due from defendant to J. H. Boyd, which sum was assigned absolutely to the plaintiff company by writing, and express notice in writing of which assignment had been given to defendant on May 30, 1934. Robert Tait, accountant employed by Messrs Hodder and Tolley, gave evidence that defendant had told him that Boyd was training horses for him and received about £25 a month in fees. Defendant said then that he would not guarantee any account for Boyd, but thought that to supply a certain amount of goods to Boyd would he a reasonable risk. The first lot of goods was then supplied. When defendant had said that an order on Boyd’s money “would be all right” a second amount of goods was supplied to Boyd. The order was for the amount of the claim, and had been signed by Boyd. Witness had been surprised to find later that the next amount of fees had been paid by defendant to Boyd. Evidence was given by Stanley George Laurenson, a traveller employed by the plaintiff company, as to the signing of the order by Boyd. Richard E. Moxon, a clerk employed by the plaintiff company, gave evidence as to having handed the order to defendant, who, he said, read it and said the order “would be quite all right.”

Mr Baldwin moved for a non-suit on the grounds that it had not b&en proved that a debt for the amount claimed was owing by Boyd. In evidence, defendant said he .had told Mr Tait that Boyd was training horses for him and received about £25 a month. In the course of the different months Boyd drew money in advance. Witness did not agree that Mr M.oxon had seen him and given him the order. The first time he had seen the order was when it was lying on the office counter. On June 1, the order being dated May 30, Boyd was overdrawn with advances. Witness then told Boyd ho had better go to Messrs Hodder and Tolley and make some arrangement with the oompany. The order had not l>een accepted by defendant. On June 26 witness had told Mr Tait that Boyd had been paid. Mr Baldwin argued that the order was for a specific sum bn a specific date from money due. There was no money due, therefore the order could not be accepted. The Magistrate said that it had been defendant’s duty to point out, when the second lot of goods was supplied, that there was no money due. On those grounds lie should pay, on the grounds of good conscience, for the second lot of goods which had cost £9 16s 2d. An order was made accordingly, while the costs amounted to £2 9s. No judgment would be entered in regard to the first lot of goods, said the Magistrate, as they had been supplied before the order was made out.

REMAND GRANTED. Mr J. L. Stout, S.M., presided at today’s sitting of the Magistrate’s Court. Leo. Maurice Dennan, of Palmerston North, a labourer, aged 25 was charged that, on or about November 5, 1934, at Palmerston North, he did break and enter the shop of Messrs Holben, Hubbard and Co., Ltd., at 67 Rangitikei Street, and steal the sum of seven shillings. On the application of Senior-Detective Quirke accused was remanded to appear on November 28, bail being allowed as before—a personal surety of £IOO, on© of £IOO and two of £SO each.