MAGISTRATE'S COURT.

Taranaki Daily News, 23 November 1920, Page 6

MAGISTRATE'S COURT.

CIVIL SITTING. The usual sitting.of the Magistrate's Court, New Plymouth, was held yesterj day, Mr. T. A. B. Bailor, S.M., presidI mg. | TENEMENT CASES. I Charles Gallagher (Mr. P. B. Fitzher- £ bert) claimed from James O'Grady (Mr. | Bennett) possession of three rooms. The | part sub-let was wanted by plaintiff for I .'lis own use. ' Mr. Kbherbert said that recently an ■ ajmilcatio'i by O'Grady that Gallagher . s.'cii'd b- hound over to keep the peace \ •• \\s 'uvr.l by the Court. The reason for | the disturbance was a disagreement betwei'si the parties living in the house. Those ':-. occupation were Gallagher, his wifo .:'.': two children, Mr. and Mrs. 0 Gr>v!y r,:i<; Miroc sons, and a guest of their.;, in r,\\ ten people in the five rooms. The ;.',i;s(> i7 fiß rented by Gallagher from the CVJwlio Chureh trustees, and he ; ranted the rooms to the O'Gradys. Relat f-oiis later became somewhat strained ! betwean the two parties, resulting in i the Court proceedings. There was one of O'Q-mdy'-i sons who caused a good deal [ of trouble, and if no order was made it i was desirable that a condition should he I th<if. the son. mentioned should not live j in the house Hi* Worship said he was not satisfied ii that plaintiff wanted the rest "■" the j for hi° own use. The case would ! b? adjtwWl for three months. The | son mentioned - a? having caused^some trouble would have to leave, however. He was a grown-up man, and should be able to flnd lodging for himself. A temporary tenant, who refused to vacate on being given notice was the de-' fendant in the case of Isabella Brewster (Mr. J. C. Nicholson) v. S. Bead (Mr. R. H. Quilliam). The plaintiff temporarily rented the house to Read, the understanding being that ho was to vacate at a fortnight's notice. Read was getting the house at 15s per week, which was really only a nominal rental, and he was allowed to go in more as a caretaker. As he was a painter by trade, an agreement was made that during his tenancy he was to paint ■ the house for £lB. When given notvee that Mrs. Brewster wished him to go out Read did not make any move. The rent was later increased to 355, but Read was given to understand that he must get out at the earliest opportunity. R. C. Brewster, medical practitioner, son of the plaintiff, gave evidence on the above lines as to the terms of the tenancy. He stated that the rent charged Read was merely nominal. The house was worth about £IBOO, and the rates were about £32 per year. It was only on the urgent representations of defendant that the house was let at all. The house temporarily occupied by his mother was required for use immediateEvidence was given by Alice L. Brewster, daughter of plaintiff, as to several rooms having been advertised as to let, and said there were apartments in I Brougham Street still vacant. Counsel for defendant intimeted that an inspection of the rooms would be made during the luncheon adjournment. Later counsel for the parties announced that a settlement had been arrived at. , Defendant was/to be allowed one week I to give possession, and judgment was to be given for the rent at 25s per week as from August 31st to date, a total of £lO ss. JUDGMENTS BY DEFAULT. ■ Greenaway.Bros. (Mr. A. Bennett) v. , F. C. Jenkins, £0 fls Id, costs £2 0s fid; Joseph Lawn (Mr. Bennett) v. Tere Pu-, hara; £3 7s'3d, costs £1 ISs fid; same' v. Mohorangi, £25 Ss 3d, costs £3 10s; same v. Henare Rangi, £1 15s, costs £1 3s; L. .W. Courtenay (Mr. R H. Quilliam) v. British Petroleum Company, £lO4 3s 4d, costs £fi 2s; L. A. Dyer (Mr. Quilliam) v. British Petroleum Co., Ltd., £BO. costs £5; Neil' Christensen (Mr. Quilliam) v. British Petroleum Co. Ltd., £OO 10s sd, costs £4 lis 6d. ' On a judgment summons, T. T. Chalmers, Eltham (Mr. Quilliam), proceeded against Arthur E. Cooper for the sum of £l2 7s fid. There was no appearance of debtor, who was ordered to pay the amount forthwith, in default 12 days' imprisonment. LAND AGENTS' COMMISSION. Fairbrother and Pickering (Mr. Bennett) claimed from Charles L. Kasper, of Aramoho, hotelkeeper (Mr. T. B. An- '-, derson), the sum of £122 10s commission on the sale of a 200-acre farm at Eahotu on behalf of the defendant. Mr, Bennett said that the sale of the property had been completed at £24 10s per acre. It might be alleged that Kas- , per was only an agent in the matter, but | he had given the authority to sell in writing, and was liable. The property was sold to W. C. Green, and the agreement was signed by Kasper. Later his name was struck out, and SchinkePs was substituted. Kasper was approached on [me occasion by Fairbrother for commis- ' sion, and replied that the deal had not been completed, but he would protect them. There was no repudiation of the Maim for commission till some time later. Evidence was given by C. R. Fairbrother. Cross-examirfcd by Mr. Anderson, he sstid he did not know that another agent had introduced the property to Green. Walter C. Green, of Rahotu, said he agreed to purchase the property after personally seeing Kasper for £4BOO. Fairbrother was not the means of introducing the property to him. For defendant, Mr. Anderson said that it must be shown by plaintiff that the agent's introduction was the foundation on which negotiations proceeded. S Evidence was given by A. R. Standish, solicitor, that on April 10, Kasper iand Schinkel (as partners) and Green .came in, and an agreement for sale and purchase was prepared. This was ', signed by Kasper. Witness later had the title searched and found that it was in another person's name, an unregistered deed for transfer to Schinkel being in existence. Consequently Kasper's name was struck out of the agreement, and it was later signed by Schinkel. Charles L. Kasper said-that Fairbrother was not instrumental in the sale s of the property. When he offered a price Green's name was not mentioned. He knew Green well, and the sale was the result of private negotiations. 'Evidence was also given by Harold Kasper, son of defendant. „ His Worshin announced that he would [ 'jjive his decision in writing.