MAGISTRATE'S COURT.

New Zealand Herald, Volume LI, Issue 15650, 2 July 1914, Page 5

MAGISTRATE'S COURT.

CLAIM FOR COMMISSION. f

EXCHANGE OF PROPERTIES.

A claim for a land agent's commission vas { % heard by Mr. E. C. Cotton, S.M., at Oie j| Magistrate's Court, yesterday. Tho plain- j ! tiff was Andrew McNeill, land agent, of - V Auckland, and tho defendant, William A. '| Home, settler, of Auckland. Mr, A. E. tj Skelton represented the plaintiff, and 'Mr. \t C. C. Bieniacki the defendant, Tho I amount of tho claim was £172 15s. 1 I. Plaintiff stated thai on or about Mirci J 19 last Home authorised him to sell or lj exchange certain land and house pro; erty , > in the city, of the value of £6910. An e:.- f change, of the pnperty was effect--.' f.;r a : « farm •>( (£.[ acres at East Toniaki, Uio ;'| property of William Gordon, and an aj.iw- i j mi nt for the exchange wa.s entered into : }• between (>ordon and Homo. Plaintiff t claimed liis commission at tho rate of 21, j ,i per cent, on t-ho sum of £6910, tho \.iHo j (if the property. ; Under cross-examination, the piaintu' * denied that tho exi liange was to l.e E..V- = .oct to any conditions relating t.i a t.. J gage, or the consent of a third pail v. » Defendant said he was told il ,r :r.a ! farm at East Tamaki w;us unenr'imbered, . * with the exception of a sum ol £,(/%>. Tho iconditions of the exchange were u.at oor- I, don was to take over defendant's property £ subject to mortgages, and that defendant, V was to be given a free title to the .arm. t An agreement, for the exchange was jna'o .ft with Gordon on a Saturday, hut un th«, ' following Wednesday defendant found, V out, that there was a mortgage of £3600' ) on tho farm. | Cross-examined by Mr. Skelton. Homo' .s said that after he ascertained that tho | farm was encumbered, an arrangement was • f arrived at between Gordon and himself, ! 'j wherobv Gordon was to put £500 to to' § defendant's city properties. Witness i,_'j t contemplated taking action for damage' % agiinst Gordon, but was legally advised ' | not to do so as it would bo impossible to l l assess the amount of the damages. \ I William Gordon', who was the cwnefof Y the farm at East Tamaki, stated ..ha" MoNoil! induced him to sign the agreement' for tho exchange. Witness had stated thai! f. ho could not sign before consulting an- j | other man, but McNeill replied that il'j j ho signed everything would bo all right.' f The next day witness found that he could, | not clear tho title to the farm, so La do-' § dared tho deal off. McNeill had not sued' | him for commission for repudiating thojl agreement. 'J 4 His Worship reserved his decision. . )■'.

CHINESE AT LAW. L Judgment for tho plaintiff was given by Mr. F. V. Frazer, S.M., in the case in l which a claim .(or tho sum of £19 17s 9d for goods supplied and delivered was, brought by William Ah Chee (Mr. A. E. : Skelton) against William Chan (Mr. it. A,: Singer). _ i The goods were supplied in April and' May. 1913, to Jim Wong and William] Chan, trading as J. George and Co., fruit-'; erers. Wong subsequently becank Wank-' rupt, and during tho hearing of the tisti th© question of a partner's liability was! raised. It was held and admitted tha* a creditor who proved a debt against one bankrupt was not stopped from proceeding", against a solvent partner. > The case for the plaintiff was 'hat thoj goods were supplied not to Jim Wong,] but to tho firm of which ho was a partner.; For the defence, it was stated that dur- ; In? the currency of the partnership all thai business was done by Jim Wong, who, did not consult William ChtJi. ! His Worship heard further evidence yesterday, and afterwards gave judgment-' for plaintiff for tho amount claimed, with} cfcts., Execution was suspended for seven' days in order to give defendant an oppoN tunit-v of finding certain wages receipts. If these avo found Mr. Singer may apply; for a rehearing. j I TURKEYS AND A DOG. j The alleged destruction of a number of turkeys by a fox-terrier dog was the sub-( ject of a claim for £7 made by Mrs. Ado-' lino Ingram, of Avondale, against Alo.i Victor French, glazier, of Groat No. V Road. Avondalo. Plaintiff was repre»; sented by Mr. B. P. Cab ill and defendant! by Mr. J. 11. Lunaon. Mr. E. 0. Cutten, S.M., heard the case. j The case for the plaintiff was that on or, about April 15, defendant's fox-terrier, killed 11 turkeys belonging to plaintiff,, and so seriously injured three others that thev were rendered worthless 'JThe turkey*., were valued at 10s each. | Evidence was given by plaintiff': father® and brother to the effect that at about I a.m. on April 16 they heard a poise in, 1 : tho turkey-run, and on going to see what was the matter they found defendant's fox-terrier in the run. Later in tile morning tho 11 dead birds and those "hick were injured were foand lying t.bout tins' run. i

After the plaintiff's ease had included jho hewing was adjourned until 10.3CS a.m. on Friday. ,j