MAGISTRATE’S COURT

Otago Daily Times, Issue 26176, 12 June 1946, Page 7

MAGISTRATE’S COURT

Tuesday, June 11 (Before Mr H. W. Bundle, S.M.) Undefended Casps Judgment by default was given for the plaintiffs in the following cases: Butterfields, Ltd., v. F. Hately, claim £ls Is for balance of account owing for hire of furniture and furnishings (costs £2 15s); Butterfields, Ltd., v. T. Casey, claim £4 18s 8d balance of amount owing for hire of clothing (costs £1 5s 6d); Victor Nelson, Ltd., v J. A. Henderson, claim £1 for amount due and owing for work done and for goods and materials supplied (costs 8s); Wright, Stephenson and Co., Ltd., v. J. S Porter (Toiro), claim £1 17s 5d for amount owing for goods supplied (costs 8s). • Claim for Possession John Sutherland Gordon, single, a clerk and returned serviceman, residing at Cargill street, for whom Mr Ivan A. Mitchell appeared, proceeded against Catherine Mary Frew, a married woman, on a claim for possession of a dwelling at 6 Dairy street, Mornington. Mr J. G. Warrington appeared for the defendant.—The plaintiff said in evidence that he owned the house, and had been resident in it with his father and mother when he went overseas in 1940. He had arranged a tenancy with the defendant on condition that mother could board with her, the father having died. He had made a verbal agreement with the defendant that she should have the house while he was overseas. He returned to New Zealand on January 5, 1945, and had endeavoured several times to obtain possession. He was boarding at present, and his mother was in Oamaru The plaintiff said he intended to have mis mother and eldest brother in the home, if he obtained possession.—To Mr Warrington, the plaintiff said that he had approached the defendant to occupy the house in his absence, as she had expressed a desire to do so if the opportunity arose He had seen the Rehabilitation Department after his return in an endeavour to find a house for the defendant, whose husband was also a returned serviceman —The defendant said in evidence that the plaintiff had stated on his return from overseas that he had been free for a number of years and had no desire to settle down in the house. She had tried every possible means to obtain a house, and had been on the priority list for a State house for a year. She had also tried to find suitable board. —The magistrate, in making an order for the plaintiff to obtain possession of the house on or before July 9. with costs (15s), suggested to the plaintiff that some agreement might be reached by which the defendants could obtain a room in the house until alternative accommodation was obtained.