Civil Cases in the Magistrate’s Court

Manawatu Times, Volume 59, Issue 273, 21 November 1934, Page 8

Civil Cases in the Magistrate’s Court

CLAIM OVER MOTOR TYRES Before Mr. J. L. Stout, S.M., in the Magistrate’s Court at Palmerston North yesterday 11. E. Blade, Palmerston North carrier, proceeded against S. Lamb, Wellington vulcaniser, claiming £9 Iss damages. Mr. A. M. Onglcy appeared for plaintiff and Mr. L. M. Abraham for defendant.

In the statement- of claim plaintiff alleged that on April last defendant, by his agent, delivered two tyres, these being warranted by the agent to give service, when remoulded, for 5000 miles. After 300 miles, however, tho tyres had been no use, he contended, and he therefore claimed in damages £9 15s, the cost of remouldiug.

Evidence was heard on both sides and Mr. Or.gley reserved the right to call the agent mentioned to prove his agency, while Mr. Abraham moved for a non-suit on tho grounds that the agency had not been proved. Decision on this point was reserved by the Magistrate. In the course of evidence given by defendant, it was stated that tho reason for tho weakening of ono tyre could not be ascertained until the actual tyre was opened up and inspected internally. The case was then adjourned until next Tuesday to allow this course to be followed, defendant stating that if the fault lay with his company’s work the tyre would bo repaired free of cost.

Evidence was tendered to the effect that the second tyre had had a blowout through ordinary usage.

Claim Over Order. Another case was heard in which Hodder and Tolley, Ltd., incorporated company, of Palmerston North, took action against J. L. Bennett, liotej proprietor, of Palmerston North, claiming £l7 19s 7d.

Mr. 11. R. Cooper appeared lor the plaintiff company and Mr. P. Baldwin for defendant. Plaintiff claimed that the amount was duo and payable by the defendant to the plaintiff company as assignee of a debt of not less than £l7 19s 7d due from defendant to J. H. Boyd, which debt had been assigned absolutely to the plaintiff company by writing and express notice in writing of which assignment had been given to defendant on May 30 last. Evidence was called on both sides. Judgment for £9 16s 2d, and costs £2 9s, was given in favour of plaintiff.