MAGISTRATE’S COURT.

Wairarapa Age, 19 December 1924, Page 5

MAGISTRATE’S COURT.

MASTERTON SITTING. In the Magistrate’s Court at Mastertoil yesterday, before Mr S. L. P. Free S.M. judgment for plaintiff by default was given in the following undefended cases:— Mrs. E. Nieolls v. L. Simmonds, £8; Graham and Co. v. H. Stewart, £33 2s 8d; Mastertoll Borough Council v. Harold Loekwood, £4 17s. In a judgment summons case, F. Wilton, a farmer, was ordered to pay a dibit owing to Rise and Smith, in default one mouth’s imprisonment. Arthur Woodham on a judgment summons was ordered to pay £8 10s for rent, plus £1 16s 6d court cost to F. Cutler at the rate of £1 per month, in default 14 days’ imprisonment. J. Graiham and Co. claimed from H. Potangaroa, King Edward st., Lansdowne, money alleged to have been paid by plaintiff on behalf of defendant to the Atlas Assurance Company as premiums on fire insurance policy. Plaintiffs’ case was that defendant had instructed Graham anfl Go. (agents for the Atlas Company), in July, 1913, to increase her policy, which was done, the proposal form being signed by defendant. The premium was paid by the agents, and accounts rendered, to defendant.

Defendant, in evidence, admitted signing the proposal but said she had not heard any more about it till June, 1924, when plaintiff rang her up. In October, 1922, when she arranged a mortgage on her house, she had arranged insurance in the Commercial Union Office for £7OO on house and furniture. She thought the Atlas Insurance Company had expired. She never authorised plaintiffs to pay tho premiums to the Atlas and did not know they had paid it till she received a letter from solicitors in September or October last. Graham and Co. had never paid premiums for her before. His Worship pointed out to defendant that she had signed the propctal for increased insurance with the Atlas Company in July, 1923, whereas the insurance with the Commercial Union had been taken out in 1922. She said she could not explain this. The Magistrate said it was a common practice among insurance agents to pay premiums and then render the accounts to clients for a refund. In this case the premium had been, paid by the agents, and accounts had been rendered. Judgment would be for the amount claimed, £3 ss, with court costs, 10s and 25s solicitors’ fee.