MAGISTRATE'S COURT.

Otago Daily Times, Issue 18159, 2 February 1921, Page 9

MAGISTRATE'S COURT.

. Tuesday, February 1. (Before Mr E Y. Widdowsom, S.M.)

Undefended Oases.—Judgment waa given for plaintiffs by default in the following undefended! oases:—Laidlaw and Gray v. Alfred E. Bourne (Auckland), claim £2 17s 6d, for goods supplied (costs £1 6s 6d); New Zealand Loan and Mercantile Agency Company v. John Cowie (Henley), claim £l6 13s 3d for balance due on homes sold etc. (costs £1 ss); same v. Murchison Bros., claim £IBS 2s lOd, being the amount due by the defendants cm, their current account with the plaintiff (costs £B. 16s). A Claim for Possession.—Herbert E. B. Bond claimed to recover from Francis James Chav© tho possession of a house in, Bradshaw street notice to quit having been served on October 21, 1920.—The plaintiff also claimed to recover from the defendant the sum of £6 5s owing as rent.—Mr J. S. Sinclair, who appeared for the plaintiff, said that his client came to Dunedin towards the end, of 1919, leaving his wife, who was not in good health, in Auckland. Be could! not rent a house, so he was compelled to buy a section on which two houses were erected. That waa in June of last year. One of the houses was occupied by the defendant and Lia family, and a& they had been in oocupation ever since the plaintiff could not obtain possession. . Finally in October he was compelled to give the tenants proper legal notice. Counsel was unaware what efforts the defendant had! made to secure another place, and that was really on© of the difficulties of cases of this kind. Owing to the financial obligations which the plaintiff bad entered into, his wife had to go out to vrork, and board had to be found for their child. H© had now been waiting for seven months to get into his home, and counsel contended that a case of hardship could therefore bo established.—Evidence was given by the plaintiff.—Mr Irwin said the fact of the matter iwas that the defendant wished to get out of the house but he could not find another pla<».—The defendant’s wife, in evidence, described the steps she had taken in looking for house, She had been quite unable to obtain a house.—The defendant in evidence, stated that he wished to leave'the house, as it was too small, but he had not been able to find another place. There were only three rooms in the premises.—The Magistrate said ho could make uo order in the present case. Costs amounting to £1 is were allowed against the defendant.