MAGISTRATE'S COURT

Otago Daily Times, Issue 17935, 14 May 1920, Page 8

MAGISTRATE'S COURT

Thcbsday, Mat 13.

(Before Mr H. Y. Wkldowson, S.M.)

Undelended Cases. —Judgment was given for plaintiffs by default in tho following oases:—A. H ii. Poulter aud Co. v. John far boots supplied, claim £1 2s id, said costs (ss) j ii. S. Jrwin v. E. A. Wood, claim £2 2s tor services rendered, and costs (6s). ibe House Hunger. — Alexander M'lVhlkn, tor whom Mr Mooro apixaxed, claimed trom John Johnson, of 12 Clyde street, posse6sion of the house and prams'Js at jweseut occupied by him.—Mr Moore explained) that plaintiff had sold tho houso to a Mrs Scott, and ho iisked for «an ejectment order so that he coukl give delivery. The caso had been adjourned from May 6.—Defendant and his wife gave evidence that they had eovwi children; fchat the wife and the youngest baby were in poor health, and that they had been unable to find any other house to go to.—Mr Widdowsoa (to defendant): 1 will tell you plainly that you have to get out. —Defendant: I "will have, to be lifted out. I oan't take my children into tiie bush. —Mr Widdbwson: I do not know how it k that as soon as an order is mado by this court the difficulty is shelved , somehow. He wowid adjourn the case for one moro week, and if defendant had not mado arrangements to leave by tliat time ho would make an ordor to take effect a week later.—Defendant: I understand, but I cannot see how that will have any effect on getting a house. "Unequally Yoked."—Tho Deep Sea Prosh Fish Company, for whom Mr Irwin appeared, claimed £60 14s Id from Frederick Smith and A. S. Arundtile, balance ekie for fish supplied.—Mr IrVin explained that until recently the two defendants had been partners. Arcindalc, however, was an \jndiseharged bankrupt, and was not worth powder and shot.—The defendant, Frederick Smith, said he did not know that the goods mentioned had been received.—Mr Irwin went into tho box and said that' Smith and AnmdaJe were partners in a fish business in Rattray street, known as Sweetings. Arundalo had admitted to witness that morning that tbo goods in tho statement of claim wore supplied by plaintiffs to do-fen-.lants, and were to bo paid for at tho prices mentioned. For part of the time the shop was open Smith was away in the country. Smith wrote to Anmdalo asking if an offer bad been received for tho business, and mentioning* that he would sell his share at a reasonable price. Ho said he was sending down some haros for tho business, and would bo brinprinir "gome down. Witness diid , not think Smith lwd been very fairly treated in the business, and tho plaintiffs were very sympathetic towards him.—Frederick Smith, giving evidence, 6aid he had boon in partnership as stated by Mr Irwin, Ho claimed that his partner had) bought fish at an excessive price. Tho partnership was dissolved some three months ago. In a personal statement ho mentioned that ho had four years and five months' active servico in the lato war. He had put by £260 allotment money, andi had received £122 14s gratuity. Now he was left with 303 in his packet. He bad also served 12 years and five months in tho British Navy. Ho commented severely on ArundalVs conduct towards him and on his absence from court that day.—Tho Magistrate said that judgment would have to bo recorded against, both defendants for £60 14s, with costs (£2 lls), and solicitor's fee (£4).