MAGISTRATE'S COURT

Otago Daily Times, Issue 16663, 7 April 1916, Page 96

MAGISTRATE'S COURT

Thvesday, April 6. (Before Mr H. Y. Widdowson, S.M.) Judgment was given for plan tiffs, by default, with costs, in the following oases:— John Edward Butler (Ltd.) v. William Hart (Wairoa., Haivko's Bay), £31 lis, on a promissory note (costs £2 14s)'; R. J. Start and 'Co. v. J. Thornton Stewart, £2 10s 3d, for goods (costs 10s); A. E. Usherwood and Co. v. John M'V.iy (St. Andrews), £3 '13s for goods (costs ss); Edward Wiggins v. Archibald Crawford, £5 2s, for rent (costs 23s 6d); A. Murdoch and Co. v. James Lucas (Timaru), judgment for costs (8e). J. and W v Faulkner v. Frank Henry Claxton, of Thames, and A. J. Walker, of Auckland. —Tho statement of claim set out that in consequence of a letter sent by defendant Walker to plaintiffs they had supplied to the Methodist trustees at the Thames certain goods of the value of £14 8s. —Plaintiffs had applied to both defendants for payment, and they had declined to pay. In order to 6ave bringing befaro tho c(/urt tho whole of tho Methodist trustees Frank Henry Claxton had in writing agreed to aceerpt any responsibility that might lie on the Tho plaintiffs therefore claimed £14 8s from either Olaxton or WaJkcr, or in tho alternative £14 8s from Walker for damages sustained by the representation made by him that he was tho agent of tho Methodist trustees.— Mr A. S. Adams, who appeared for Claxton, mentioned that the action against his client had been discontinued, and ho (Mr Adams) now asked for costs. —Tlis Worship said he would consider the application when judgment wis given.'—Mr Seurr, for the defendant Walker, said he (Walker) was tho architect on the work,. and had ordered tho goods merely as agent for Loach, tho contraetor, and told plaintiffs so. Tho account had, in the first instance, been sent to Leach, and later plaintiffs had fallen back on Walker.—Mr Finch, who appeared for plaintiff, pointed out that tho order .mado no mention of Leach. —Judgment was given for plaintiffs against Walker for tho amount claimed, with costs (£4 lis). Costs were also given against Walker amounting to £3 Sg 6d in the case against Claxton.