CLAIM FOR TIMBER

Waikato Times, Volume 89, Issue 13886, 11 October 1918, Page 3

CLAIM FOR TIMBER

APPEAL DISMISSED. Judgment has been delivered by His Honor Mr Justice Cooper ip the appeal case Bangitikei General and Co-opera-tive Timber Company, of Taihape, v. David James Young, ironmonger, of Te Kuiti. This was an appeal from the judgment given for Young in the Magistrate's Court at Te kuiti in a claim for £l2l 17s Id, being balance allegedly due for timber supplied by plaintiff at the request of the defendant to one John McDonald for the erection of a post-office at Pio Pio. His Honor, after exhaustively traversing the rather complex case, said: "The Magistrate was, in my opinion, right in holding that the appellant company had not given satisfactory proof entitling it to judgment, and was, therefore, properly exercising the discretion giv-n to the Court under Section 107 of the Magistrate's Court Act, 1908, by nonsuiting the appellant. The appellant has, therefore, still the opportunity if it has additional evidence of bringing a fresh action against the. respondent, In my opinion the present appeal must be dismissed, with £7 7s costs."