CREDITORS CLAIM JUDGMENT

Manawatu Times, Volume LIV, Issue 7018, 18 September 1929, Page 7

CREDITORS CLAIM JUDGMENT

UNDEFENDED CASES.

Plaintiff obtained judgment by do fault in the following undefended cases which were heard by Mr. J. L. Stout, S.M., in the Palmerston North Magistrate’s Court yesterday morning. Dr. Ivan Wilson (Mr. Cooper) v. A. Duncan £l4/3/0; costs £2/18/-; Durward and Davidson Ltd. (in liquidation) (Mr. Laurenson) v. P. S. Neame £5/16/-, costs £l/12/6; G. J. Ivells (Mr. Onglcy) v. N. L. £2/16/-; H. L. Young Ltd. (Mr. Grant) v. Edward Taylor £l6/10/-, costs £2/16/-; W. Atkins (Mr. Grant) v. T. Raymond £l3/8/7, costs £2/14/-. Judgment Summonses.

R. Miles (Palmerston North was ordpred to pay A. J. Vidal and Sons (Mr. Grant) tho sum of £4/4/6 in default 7 days’ imprisonment. Hallcnstcin Bros. Ltd. (Mr. Grant) obtained an order against G. B. Randall (Palmerston North) for the payment of £4/17/- in default 7 days’ imprisonment. Reserved Judgment.

The Magistrate delivered his reserved judgment in the action brought by T. J. Rodgers (Mr. Laurenson) landagent, against W. P. Shaw (Mr. Ongley) outfitter, in which plaintiff claimed the Sum of £ll as an amount allegedly owing to him by defendant for the lease of a shop.

In his judgment, the Magistrate stated that before plaintiff could sue for rent in the Magistrate’s Court he must obtain a decree of specific performance from the Supremo Court. This was <& decree which the Magistrate’s Court could not grant. The rent had admittedly been paid up to the time the defendant had given up possession and it was admitted also that defendant had given notice prior to leaving the premises. There was therefore no question of a claim for use or occupation, or for a month s notice under the Act. The claim was for Tent due under a agreement to take a lease for 5 years. There was not sufficient evidence for the Magistrate to determine, even if he had the jurisdiction, whether specific performance could be enforced and therefore plaintiff must be non-suited and ordered to pay costs £4/1/-. Shaw v. Northern Assurance Company. Reserved judgment was also delivered in the case wherein William Frank Shaw, outfitter of Palmcfston North, (Mr. Onglcy) proceeded against the Northern Assurance Co. Ltd. (Mr. Cooper) for tho sum of £74/10/3 as an amount due under a lire risk allegedly accepted by defendant company from plaintiff. In giving judgment for defendant company with costs and disbursements, the Magistrate stated that he was not satisfied that the plaintiff had disclosed to defendant’s agent his transaction with the State Pire Office. He held that the refusal of this office to transfer, and the cancellation of plaintiff’s policy with them in Masterton, was a r.on-aeceptance of the risk within the moaning of question 18 on the policy form. Even if plaintiff had disclosed the aforesaid information, in the Magistrate’s opinion, he was bound by the answers given in the proposal signed by him and could not rely upon the default of the agent. The particulars in the proposal were the basis of the insurance and plaintiff’s failure to disclose in this proposal, his transactions with the State Fire Office, in the Magistrate’s opinion invalidated the policy with defendant company which must therefore be given judgment.