MAGISTRATE'S COURT.

New Zealand Herald, Volume XLVIII, Issue 14730, 12 July 1911, Page 5

MAGISTRATE'S COURT.

UNDEFENDED CASES.

At the Magistrate's Court yesterday Mr. C. C. Kettle, S.M., gave judgment for plaintiff, by default, in the following cases : _Executors of Robert Rew v. — Daniels (fireman, 54, Upper Pitt-street), £2 15s 3d; Roope Bros. 'v. Patrick Shidds (17, Macaulay Road Newton, carpenter). £4 2s j.Robert Rew v. Mrs. Margaret Hatfield' (Oxford-street, Archhill), £1 15s 3d; W. Cribble v. Mrs. J. C. Augustine (Umutaoroa, Dannevirke, farmer), £1 ss; Twiname and Baker v. John Walsh (Ohakunc, sawmill hand), £2 ss; Ernest Gerard (official assignee of the estate of Henry Appleton, grocer, of Ponsonby) v. G. Colnett (88, Williamson's Avenue, Ponsonby), £2 17s 8d; A. Collings v. Victor Lee (brassfounder, Greystreet, Auckland), £2 16s 8d; .Smith, and Caughey v. F. It. Tarrant (Otorohanga), £1' 5s lid; W. Gunson and, Co. v. P. Donovan (Tauranga), £5 10s; H. M. Clarke and Company v. George Edgar Trevor (Palmerston North), £6 9s 6d; R. Mackay v. Harry P. Barry, 19s 9d; S. Roberts v. George. Quintall, £1 4s; Emmanuel Bros. v. E. Joyce (Railway-street, Otahuhu, butcher), £1 2s 8d; Nairn and Company v. — McDonald (57, Murdock Road, Ponsonby), £3 2s 6d; executors of Robert Rew v. F. O'Keefe (Bedford-street, Parnell), £3 16s 8d; Empire .Art Studio Company v. Mrs. Donovan (No. 2, Totarastreet, Ponsonby), £1; Robert Rew v. Mrs. 11. Dudley (Phillip-street, Ponsonby), 13s 8d; James Smith and Co., Limited, v. Smith Bros. (Deep Creek, farmers), £3 2s 5d ; W. Gribble v. R. L. P. Valpy (Waipukurau, cycle dealer), 10s.

A SUBURBAN ROAD. At the Magistrate's Court, before Mr. C. C. Kettle, S.M., yesterday afternoon, Mrs. Tamar Amy Thornes (Mr. Stanton) proceeded against John William French, farmer, of Sutherland, Point Chevalier (Mr. Quinn), to recover the sum of £10, being the amount alleged to have been agreed upon to be paid by defendant to plaintiff towards the cost of forming a public street called Fourth Avenue, Point Chevalier, adjoining the property of the defendant. Joseph Thornes, husband of the plaintiff, said he had a conversation with defendant on tho subject of the formation of the road, and it was verbally agreed that defendant should pay £10 towards this work. The work was done at a cost of £279 14s, which worked out that defendant's actual share was about £24. But in accordance with the verbal agreement plaintiff only asked for the £10 agreed upon. The defendant swore that lie had never made any such agreement. His Worship held that the onus was on the plaintiff to prove that defendant promised he would contribute £10 towards the formation of Fourth Avenue, and that onus had not been discharged to His Worship's satisfaction. Ho did not suggest that there was dishonesty on either side, but thero was a misunderstanding which might have been avoided if there had been an agreement in writing. Plaintiff was nonsuited, with costs £1 Is.

CLAIM FOR RENT. Mrs. E. Walton} of Kaiwaka, wife of George Walton, a farmer, of the same place, sued Mrs. E. Gfamaut, married woman, of Mount Roskill Road, to recover 333 12s for the rent of a dwellinghouse in Manakau Road, Avondale. Judgment for plaintiff for £2 ss.