CLAIM FOR POSSESSION

Te Awamutu Courier, Volume 71, Issue 6136, 14 September 1945, Page 4

CLAIM FOR POSSESSION

PIRONGIA CASE MAGISTRATE MAKES ORDER 1 A case that occupied the attention of Mr S. L. Paterson, S.M., at Te Awamutu on Tuesday for several hours was that in which Mrs Daley (Mr B. Malone) sought an order for possession of her house at Pirongia from H. Cornish (Mr J. R. Powell, Department of Labour). Mr B. Malone said the grounds for the application were that Cornish had been guilty of conduct which was a nuisance to the plaintiff. Mrs Daley was a widow living in her home by herself. Early in the present year the defendant approached her stating that he had had to get out of his previous rooms because the house had been condemned. He stated he was going into a house at a later date. Mrs Daley decided to let him in and have the use of a back bedroom, the kitchen and the verandah for the children to sleep at a charge of £1 per week. At first Cornish had been helpful, but the time arrived when it was a question as to whether he or Mrs Daley owned the home. The defendant behaved in an objectionable manner, and the health of Mrs Daley, which was not good, was affected. Cornish had been put out of another house, but he denied that he was that person. He had “barnstormed” his way into houses with a lady and his two children. Mrs Daley gave evidence along the lines indicated by Mr Malone. She alleged that Cornish and another man had been drinking in the house and •Cornish’s conduct was such that she had to go and live at her son-in-law’s. Cornish had not paid any rent since early in July. The cross-examination by Mr Powell did not elicit any fresh evidence. Harold Sherwin, a son-in-law of the plaintiff gave evidence that on VJ Day he had received a message to the effect thaft Cornish had been creating a disturbance in the village and consequent on that message witness and his wife went to Mrs Daley’s place to take her to his home. On the way they passed Cornish who was under the influence of liquor, and was being supported by a lady and his daughter. Mrs Sherwin gave evidence corroborative of that given by the previous witness.

Miss Pearson, sister of plaintiff, stated that Cornish had asked her for rooms, but she declined because she was going on holiday. H. Cornish, the defendant, stated that in February he was living in Kihikihi, and as the house had been condemned he had to get out of it. He went to Pirongia and got rooms from Mrs Daley who was a nice woman and was only too pleased to let him in. He alleged that other people, not Mrs Daley, were the cause of the present trouble. While he was there he had improved the place. Mrs Daley was away on holiday for six weeks and he was informed that if he cleared up the place it would be regarded as rent. He had paid for the electric light which had been cut off by Mrs Daley. He was a returned soldier from the last war and had been in the Army in this war. Cornish detailed his movements on VJ Day and the two subsequent days. He was on the Pirongia Bowling Green on the day he was alleged to have drink. Mrs Daley and himself had always been on the best of terms.

To Mr Malone Cornish denied having any drink on the days named. Sherwins’ evidence was not correct. He was told to get out of one house at Kihikihi because he did not pay the rent, due to the/ fact that he was out of work at the time. He admitted abusing that man’s wife, claiming that he had grounds for doing so, but denied using any bad language likely to create a nuisance. Cornish recounted his dealings with another landlady. He denied barnstorming into two houses in the district.

The Magistrate, after remarking that there was no need to call further evidence as he was satisfied that Cornish had been guilty of behaviour that created a nuisance. An order was made for immediate possession and defendant was ordered to pay £3 witnesses’ expenses, socilitor’s fee £2 7s, and £1 Court costs.