MAGISTRATE'S COURT.

New Zealand Herald, Volume LX, Issue 18396, 11 May 1923, Page 5

MAGISTRATE'S COURT.

TROUBLE OVER A LEASE.

JUDGMENT FOR, PLAINTIFF,

A dispute ovor the sale of the lease of premises in Wavcrley Street, City, wu heard in the Magistrate's Court yesterday before Mr. W. R. McKean, S.M., between E. E. Murray (Mr. Tong) and Jane Young (Mr. Blakoy): Plaintiff claimed £61 10s, balanco of sale money alleged to be due. Defendant counterclaimed for £200, contending that she entered into the purchase on the plaintiff's representation that a lease existed in his favour for three years with right of renewal. She alleged that this representation was false as there was no valid lease in existence. As regarded the counter-claim; plaintiff applied for; a nonsuit on the ground that fraud 1 had not been proved, neither did the representation induce the contract. ■The magistrate upheld the argument, stating that, tho circumstances did not suggest fraud. :V On the counter-claim I defendant was non-suited. On.the claim, judgment was for plaintiff for the amount claimed. .'," , .' - :"\- --'- \: i PLAINTIFF NON-STJITED. - A claim to recover £145, money re reived by the defendant from the plaintiff was' made before Mr. J. W.■■'■■'■• Poynton, S.M., by Robert William. McKay' (Mr. Burt) from Sydney Robjohn. East (Mr. Dennison). Tho circumstances ; were that plaintiff handed over a sum of money to the defendant, a: native agent, to buy certain property. He; sued for recovery, since defendant had not accounted for if. The magistrate said the defendant had stated that -he did apply the money to the purpose. Tlie agent's actions regarding tho money might bo suspicious, and if wrongful action was proved, damage* would be recoverable. As the money had been applied, however, tho plaintiff was non-suited, but defendant, was not. allowed costs.