MAGISTRATE’S COURT

Otago Daily Times, Issue 25301, 11 August 1943, Page 4

MAGISTRATE’S COURT

Tuesday, August 10 (Before Mr J. R. Bartholomew, S.M. Undefended Cases Judgment by default (with costs) was given for the plaintiffs in the following cases: Brown, Ewing and Co., Ltd., v. Miss P. Fraher (Wellington), • £3 7s 6d, goods supplied: T. J. Moynihan v. Miss F. Fitzgerald, £2 7s, services rendered: Butterfield, Ltd., v. Mrs M. Wilson (Alexandra), £1 5s 6d, goods supplied: T. J. Moynihan v. Mrs M. Dougan, £2 7s, professional services rendered; James John Marlow v. William Miller. £ll 16s 6d, goods supplied: John Edmond, Ltd., v. D. Fitzgerald. 6s, goods supplied: Florence Greek Jeffery v. Mrs R. M. Bond, £5 10s, Work done; Parker and Keane, Ltd., v. Hugh Molloy (Ohai), £B, goods- supplied. Tenancy Case On a claim brought by James Albert Mclvor against Elsie M. Strang for possession of a dwelling, an. order for possession on or before August. 24 was made, costs (£2 Is) being allowed the plaintiff. Claim by Showman Wilfred James Wood, a showman, proceeded against the Otago Agricultural and Pastoral Society, claiming £65 as damages arising out of an alleged breach of contract.—Mr W. McAlevey appeared for the plaintiff and Mr W. F. Forrester for the society.—Outlining the case for the plaintiff, Mr McAlevey said that Wood, in view of the fact that he belonged to an organisation of which the showmen operating in Dunedin were not members, anticipated that he might have difficulty in securing space for a sideshow at the Winter Show. He therefore made arrangements early in May to interview the secretary of the society, who told him that he would see that he got space. The secretary also said that Wood would not require to attend the ballot for space as he (the secretary) would look after his interests. Wood paid a deposit of £5, but subsequently he found that suitable space had not been made available. As a result, he had incurred a loss which he estimated at £6s.—Evidence was given by Wood, who said that although he had been told he could occupy several positions, none of these proved to be suitable. He had, witness alleged, been victimised, as he was a licensed showman, while many of the other showmen who operated at the Winter Show did not hold licences.—Evidence in support of the claim was given by two further witnesses.— I The defence was a denial that the secretary had agreed to act as Wood’s agent at the ballot and evidence to this effect was given by Richard D. Stewart, secretary of the society. Witness said that Wood had asked for preferential treatment when space was being allotted as he did not agree with the other showmen. Witness told him that this was impossible, but that he would see that he got fair treatment. He would, however, have to participate in the ballot. Witness added that before a showman could take part in the ballot it was necessary for him, to pay in full the rent of his space.—The magistrate non-suited the plaintiff, with costs (£3 ss), holding that he had failed to prove his case.