MAGISTRATE’S COURT

Otago Daily Times, Issue 25964, 3 October 1945, Page 3

MAGISTRATE’S COURT

Tuesday, October 2 (Before Mr J. R. Bartholomew, S.M.) Undefended Cases Judgment by default was given for the plaintiffs in the following undefended cases: Butterfields, Ltd,, v. May Renwick (Lauder), £6 17s 9d, with costs (£1 14s 6d), balance owing for hire of goods; the Dunedin City Corooration v. William H. Hamilton (Dunedin), £l3O ss, amount due for rates on two properties. Defended Cases Frederick Coory (Mr D. Sllverstone) proceeded against Netta Emily Blee (Mr A. C. Barnes, of the Labour Department), on a claim for possession of a house at 2 Vernal street, owned by the plaintiff and occupied by the defendant. —The plaintiff, a returned soldier, gave evidence in which he said that he had obtained a flat for the defendant, which she would not take. He was now living with his wife and two children in a one-roomed flat.—The defendant, in evidence, said she had not accepted the offer of the flat because her crippled nephew, who stayed with her, would be unable to manage the flights of stairs up to the flat.—Because of the family circumstances of the defendant, the magistrate refused to make an order for possession. James Murray, Sawyers’ Bay (Mr A. C. Stephens), executor in the estate of his wife, Jessie Murray, proceeded against Truby Turner (Mr C. H. Stevens), fire brigade officer, on a claim for £37 17s 3d, the balance of £6O alleged to have been lent by Mrs Murray to the defendant in 1941.—1 n evidence, the defendant claimed to have more than paid off the loan, and showed personal notes he had made of some payments. No receipt book had been kept.—The magistrate pointed out the difficulties of such a case in which no correct record of receipts had been kept, and gave judgment for the plaintiff for the amount claimed, less £ll ss.