TIME THE FACTOR

Taranaki Daily News, 26 October 1935, Page 10

TIME THE FACTOR

HAWERA CIVIL COURT CLAIM. ASSIGNMENT AND ATTACHMENT. Time was the essential factor in determination of a civil claim at the Hawera Magistrate’s Court yesterday. The claim was by Mrs. W. B. Julian, Manaia, against Smith and Trim Ltd., Hawera, for £6 Is 6d by authority allegedly given under attachment proceedings. The defence successfully proved, however, that the money in question had been assigned to a firm of solicitors about an hour before the attachment was served. Judgment was accordingly given to defendants for £6 Is 6d, with solicitor’s fee of £1 Is. Mr. W. H. Woodward, S.M., was on the bench. James Cahais Smith, auctioneer and director of the firm of Smith and Trim Ltd., said on June 28 an auction sale was held for W. B. Julian at Manaia. The sale realised about £25. His firm made certain deductions for commission and expenses and £lB 5s 6d was handed to Julian’s solicitors. On June 29 he received an interlocutory attachment order under the seal of the Hawera court, the amount being £5 4s 6d. To Mr. M. Niccoll, counsel for Smith and Trim, Smith said he received the attachment order about 11.45 a.m. on June 29. At 10.30 a.m. he received an urgent telegram from Julian assigning all moneys received from the sale to O’Dea and-O’Dea. The books for the sale were made up in the afternoon and the money paid into the firm’s bank account on the Monday. Before receiving the telegram he received a telephone call from Julian stating that the wire had been sent. On July 11 the money Was paid to O’Dea and O’Dea.

Re-examined by Mr. L. A. Taylor, who appeared for Mrs. Julian, Smith said he had no knowledge of contemplated attachment proceedings against Julian, and he knew of none in his office who knew of the position. Richard John O'Dea, barrister, Hawera, said he received the sale moneys. He was Julian’s solicitor at the time and he ordered the telegram to be sent to Smith. On June 28 Julian owed his firm £25 Qs 6d. He produced the bill of costs and objected when Mr. Taylor stated that it should have been shown him before. When cross-examined he said it had always been verbally understood between him and Julian that the costs were to come from the sale proceeds. GENERAL ITEMS. Use of Tennis Courts. The Hawera Borough Council decided on Thursday night to give the caretaker at King Edward Park wider powers in determining whether the grass tennis courts are fit for play.. Last year, it was mentioned, difficulty was experienced because of players remaining on the courts until late in the evening, resulting in the courts being easily tom up by players’ feet on the dewy grass. Fast Shorthand Speed. Miss Rita McNeill, a night class student at the Hawera Technical High School, has been awarded a certificate for attaining a speed of 180 words a minute in a Pitman’s shorthand examination. Native Land Court. The sitting of the Native Land Court at Hawera is expected to conclude this morning. Judge J. W. Browne and his associate, Mr. George Leach, will leave for Wanganui before midday. Primary School Cricket. In cricket games yesterday Hawera B 41 runs defeated Hawera A 20 and Tawhiti 33 defeated Convent 32. For Hawera B Goodwin made 12 runs and Spavin 10, and for Tawhiti Barkla made 12. • Borough Council's Protest. Endorsement of a protest 'by the Timaru Borough Council against an action of the Government was given by the Hawera Borough Council on Thursday night. Timaru’s resolution was that the Mortgage Corporation and other State lending departments should be placed on the same basis as every other private lender of money as regards liability for rates. The Force of Heredity. . “Some thoughts on the Christian interpretation of heredity,” was the sbuject of an address given by th'2 Rev. G. Laurenson on Thursday night ,at the mission at the Hawera Methodist Church. He showed the great force of heredity and its influence physically, mentally and morally. Evidence from biography, history and the mission field illustrated his points. Favourite hymns were sung, Mr. G. McConnell presiding at the organ. ADVERTISERS’ ANNOUNCEMENTS. The Church of England bazaar will be held in the Okaiawa town hall on Wednesday next, October 30. Particulars are advertised. Smith and Trim Ltd. advertise particulars of the mart sale for to-day commencing at 1.30 p.m.,; when it will sell poultry, potatoes, harhess, saddle, wirenetting, clay pigeon trap and clays, seven-valve electric set, furniture and vegetables. KAPONGA THEATRE TO-NIGHT. RONALD COLMAN RETURNS. Ronald Colman returned from a year’s vacation to bring an old friend back to the screen of the Kaponga Theatre, where “Bulldog Drummond Strikes Back” will begin to-day. Ever since Colman made the earlier talkie, “Bulldog Drummond,” the film-going public has retained a fond memory of the dashing Captain Hugh Drummond whom he first portrayed in that picture. Drummond also holds a fond place in Colman’s heart, for it was in the creation of this character that he scored his greatest screen hit. It was pleasant news to the star, therefore, when Joseph M. Schenck and Darryl F. Zanuck informed him that they had purchased “Bulldog Drummond Strikes Back” as his first starring vehicle under his new contract with their 20th Century Pictures. “Baby, Take a Bow,” coming to the Kaponga Theatre on Monday, introduces five-year-old Shirley Temple in her first title role. After her success in “Stand Up and Cheer!” little Shirley has become one of the outstanding personalities of the screen. She has an important part in the picture and is responsible for much of the comedy. James Dunn and Claire Trevor, who I have been teamed in three pictures, arc together again in “Baby, Take a Bow," as Shirley’s parents.