MAGISTRALS COURT.

Dominion, Volume 7, Issue 2172, 10 June 1914, Page 11

MAGISTRALS COURT.

THE 11EMOVAL OP FDPiXITURE. . SOME COMPLiCATIOXS. A dispute concw'iwHg funiitaro fitoj'id in a house in Vvoolcamb.fv Stairt was hoard before .Mr. W, Uid.ieH, S.M-s at tho Magistrate's Ocruri yesterday. The case was 0110' in which, Emina !•"unov Lieber, widow, of Wftlfi.iigtan, proceed.-' ed against Alfred Vfilliom Young, manager of tho Atlas Insurance Company, Wellington, for tho sum of £17 12 s. 'Jd. Particulars set forth in tho sttitulr.cnt of claim were to the eScct that, on January 23, Mrp. I/jeber agreed to sell her house and Xaiirl in Woofcombo Street to Mr. Young on tka expto&i agreement that she was to bo nliovrcd the use of a room lit t!w houso tit! tho end of June, 1914, for tti<? piirpos® of storing her furniture. On April 3, however, Air. Young's solicitor dcniajirkyi the removal of the furniture. ji h ifjtimation was nlso mad;o that, failing ■voluntary romovnl, the fiirnitijrc- would he removed at Mrs. JJebef's expense. Subsequently Mr. Young. acting through his solicitor, that ti ! ilrs. Licber removed, tlte furniture. it would not prejudice airy -claim vdiieti she might have against him. in lesjwcU to such removal. At a later date .Mi", Voting agreed not to rt-uiovo this fn'nviture as threatened, on the understanding that Mrs. Lieber should ceißjiiMi® the removal by 1 o'clock on Thursday, April 9. It was alleged thai ®:n this date Mr. Young wioßghilly tosjk the .furniture out .of tlto roattt, thereby committing perjury. Mrs. fcfeber therefore, claimed £15 as d-a-iuage-s and a further sum of £2 12s. S,d. for cartage, which, it was alleged., slio had had to pay to defendant's solicitor to enable her to obtain [wsscssioa <i>i her farm* turc. For tho defence it vfas contended that ; the sale by plaintiff had been an imcoii* ditional one. Defendant nlso gave .evidence to tho eEect- thai, on the Thure-'.

day agreed upon For the .Femoral of the i istnj(i)]... lnj (liitjioss) met jl.rs. tiobcr MIKJ. jisivod hoi" ivhetliei* she removing the furnitoro. Sho implied in the negative,aiitt Iw had eoi'Koqnoiitly given instructions to the carters to hftyo. Urn furniture removed, After hearing further evidence, tho Magistrate reserved iketsioi!. Mr. A. j 31. Satek ftjsjwii.rei'i for plaintiff, «ml j Mr. I). M. t''.ijjdliiy iuiii Mr. li, Q. \ Nathan for defendant. CLAIM I'OITmXICV LESiT. ! . _Koservwl judgment was given by Mr. Vr. 11. Itufdcllj 8.M.. in a- ca.se George Henry Wimon v. Joan Spisiflku'. This ' was a. claim for £14 lag.- lor nioi'icy 1 rent, together with interest and hank i.h;u ; ;es, The Magistrate said that the case was rtot pie in which the rule of equity Hi>d conscience • applied. Such a' condition must, osist between the actual parties and not between one of them antl a third parly. Plaintiff had not tiaiim'd interest until April 2, 1912, i'n-ia the amount of interest rntisfc therofwo he reduced b.v £3 lis. fid. Judgment'\vavgiven for the amount claimed, less £3 ills. #d., with court costs £5. At the hearing, Mr. .P. \V. Jackson apneamt far plaintiff, ami Mr, M. ; Myers for defendant, DISPtOT OST A LEASK. Tiio hearing of a.. claim in whieli Alio Mateiio and other Maoris sued Annie Deak-stoii for £28 9s, 3d. as .rent of a piece of law! in the Hutfc Vailoy, was continued before Mr. W, G. llfddell, B>M. It svas claimed by defendant tliat she Was hi occupation of the land iuider a, tease. Ikis lease, however, had beensigned hv arm the plaintiffs only, but ?he had .paid the eoircci. reiit to the Maori who had -gigaed it, and Wns ; therefore not liable -to the. other . fives, ' Tiio Magistrate held thai plaintiffs were entitled to payment far fto use of occurintion. and gave judgment for £11 lis. lid., with costs £4 2& Mr. 0. Beer® appeared for . .plain* tiffs t and Mr. T. 0. A. Hislop for <Jc- ■ veudanfc.

' CLEANING A MAIM, Before Mr. D. 6. A. Cod.pdr, K.M., Casey Brothers proceeded against Hugh 3). $I.'Carthy for the eo.sfc of 1 wo.rk dunein cleaning a drain at defendant's liousr. Tho_ defence did' not dispute that tho w»>TJi Bad been done, but. maintained that the stoppage in the. <!rain liad been caused by tho uegligor.ee of plaintiff's GWvants, who had been at work tboro during the provisos week. After hearing evidence, Mi© Magistrate EftVe judgment for the amount efeimsd (155.), and rests (55.). , > r ;.I L A- pjnniii/rbiHii appeared for piftjiitjii, Pefc'itdaii.t cottdir.Gtcd li.t-s o\v.u case.. '';