MAGISTRATE'S COURT.

New Zealand Herald, Volume LIX, Issue 18018, 17 February 1922, Page 3

MAGISTRATE'S COURT.

HIRE PURCHASE DISPUTE.

'PAYMENTS FOR MOTOR TRUCK An action arising from a hire-purchase agreement relating to a motor-truck came before Mr. W. R. McKean, S.M., in the Magistrate's Court yesterday. A. B. Wr.ght and Sons, Ltd. (Mr. OsburneLillyJ, carriers, sought to recover from John Brittain (Mr. Nutsford), farmer, £59 2s £d, balance of deposit and a weekly payment of $4 2s Bd. Under an agreement defendant was to pay a deposit of £60 and to make weekly payments of £4 2s Bd. He Had only paid £5 of the deposit, and plaintiffs had retaken possession of the truck after a month, as defendant could not keep up payments. Only one weekly payment and the balance of the deposit was claimed. The agreement- was admitted. Counsel for defendant said that prior to this agreement a similar agreement had been entered into with another man, who got behind with his payments. Defendant had entered into an agreement as a guarantee, and he had never had possession of the truck.

The magistrate said that as the agreement was admitted, he did not know how defendant expected to escape liability, or what evidence could be called. Plaintiffs were entitled to the amount claimed. Judgment was for plaintiffs for the amount claimed, with costs

PLAINTIFF NONSUITED. Another case heard by Mr. Wilson was a claim for £9 ss, cost of replacing certain fittings on a motor launch, brought by Mr. C. E. Mackic (Mr. Goulding) against Collings and Bell (Mr. Dickson). An agreement had been entered into by which defendants undertook, in the event of plaintiff selling his launch, to build another one according to plans and specifications for £120. The second launch was duly built, but plaintiff contended that he was entitled to receive in addition certain fittings. The magistrate nonsuited plaintiff on the ground that the parties had a written agreement, and they could not read into it anything which was not stated in it. Defendants were allowed costs. '

CLAIM FOR WAGES. A claim for wages due, made by F. G. Alderton (Mr. Sellar) against W. Phillips (Mr. Dickson) for £35 10s for balance of wages due an'd £1 19s 6d for materials purchased was heard by Mr. J. W, Poynton, S.M. The work was done upon a house in Hepburn Street. For the defence it was contended that the defendant had taken tho plaintiff into partnership for that particular, job. The magistrate held that the defendant had not established the relation of partnership. Judgment was given for the plaintiff for the amount claimed, with costs.