MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2369, 27 January 1915, Page 9

MAGISTRATE'S COURT

LANDLORD AND TENANT

AN"- INTERESTING JUDGMENT A judgment of particular interest to landlords and tenants was delivered by Mr. W.-G. Itiddell, S.M., in the Magistrate's Court yesterday in. respect to the civil action in which the Metropolitan Permanent Building and Investment Society proceeded against' Joshua Harry liggers for £6, being the value of a bath and three fixed gas pendants removed by defendant from a house in liintoul Street) belonging to plaintiff. The cost of replacing these articles, had been £5 Bs. 6d.

"The premises from which the articles were removed," said the Magistrate in giving his decision, "were mortgaged by one W. F. Eggers to plaintiff, and in May, 1914, the mortgagees, in' exercise of their power of sale in the mortgage, became the owners. Defendant was a tenant of "W. F. Eggers, and after the sale he became tenant to plaintiff. He states that the bath and gas pendants were placed in the house by him before the mortgagee cams into possession, and were his property. The cases cited by counsel for the defence in support of this contention show that a tenajit may remove property belonging to him from premises mortgaged by his landlord, and the removal may be after the mortgagee has entered into possession. But these cases stow that the tenant has at the earliest opportunity contested the right of the mortgagee to retain possession of the articles claimed, and has not, as in this case, permitted the mortgagee, as landlord, to . let the whole premises to him at a fixed rent without notifying the mortgagee that he claimed any of the articles." The Magistrate said he agreed witii the law cited by counsel for the defence, and considered that defendant was .now estopped from claiming the articles as he failed to put forward his claim to them as against the mortgagee when he beoa.me nlaintiff's tenant. Judgment would be for plaintiff for £5 Bs. 6d., wi-'l' costs £1 16s. Mr. 0. H. Treadnppeared for plaintiff, and Mr. D. Smith for defendant.

CLAIM FOR COMMISSION.

S/J.V wAujjxivjuxv/n, •, Another reserved judgment delivered by G. Ridded, S.M., was in respect to the civil suit in which Eugene Anton Schwarz claimed from Julian A. Lutz £190 15s. for commission 'on the sale of two motor wagons, and three weeks' wages at £4 per week, less credits amounting, to £28 15s. , It was admitted by defendant that plaintiff acted as his.agent upon commission for the sale of motor-cars and wagons, but there was a conflict between them as to 'the rate of commission to be paid on sales, and as to the number of sales made by plaintiff. With respect to the claim for three weeks' wages, plaintiff based his claim on the fact that he made a trip to Napier on defendant's business. The Magistrate said that in-the absence of any specific arrangement between the parties, and in view of the conflicting"statements between them, it was impossible to say that plaintiff had proved defendant's liability for this claim. With regard.to the sale o£ the two motor wagons and the two cars, the Magistrate concluded, after reviewing the facts, that he was not prepared to say that the commission actually claimed was unreasonable. Judgment would be given for plaintiff for £78 155., being £107 10s., less credits £28 155., with costs £6 18s. Plaintiff would be nonsuited on the second item of , the claim/ OTHER OlVn. OASES. A'olaim concerning goods roppKed-was decided by Mr. W, G. Riddell, S.M., the Evans Bay Timber Company proceeding against Dennis and Son, joiners, of Kiloirnle, for £16 13s. 2d. After tearing the evidence, the Magistrate gave judgment for £7.155. lid!, with costs £1 Bs. Mr. 'A. Dunn appeared for plaintiff and Mr. T. Neave for defendant.

A claim and counter-claim with respect to the cartage of certain property was heard before Mr. D. G. A. Cooper, S.M., Corotts Bros., carriers, proceeding against Mrs. Lottie Fox, confectioner, for Bs. 6d., oart&go. Defendant'coun-ter-claimed for £4 lis. 6d., for damages alleged to have been done to her property by plaintiffs. Judgment was grven for plaintiffs for Bs. 6d., and costs 10?., and for Mrs. Fox on the ooTmter-clann for 145., with 6s. costs. Mr. Anderson appeared 1 for plaintiff, and Mr. T. W. Hislop for defendant. ' DEFAULT DEBTORS' LIST. Judgment was given for plaintiff by default in the. following undefended civil cases by Mr.. W. G. Riddell, S.M.: James Smith, Ltd., v. John Farmer, £7 10s., costs £1 Bs. 6d.; same v. Jas. Kernahani, £6 2s. 6d., costs £l'l3s. 6d.; Kitto and Graham v. R. L. Jones, £3, costs 135.; L. W. Balklind v. John Millanta, £2 os. 9d., costs 125.; Bame v. Robert Davies, 65., costs 55.; same v. Wm. Lindsay, £3 2s. 3d., .costs 125.; Bame v. Ken. Mackenzie, lis. 9d., coßts 75.; same v. John Holland, £3 2s. 7d., costs 10s.; same v. John Morrell, £4 10s. 6d., ;costs 10s.: same r. John Robertson, £2 155., costs 10s.; same v. John Davie, 125., costs 55.; same v. W. H. Hargreaves, £3 4s. 6d., costs lis.; same v. John Ash, 13s. Id., costs 55.; same v. Richard Clifton, '£3 lis. 6d., costs 10s.; Te Aro Furnishing Co. v. Jas. Graham, £2 2s. 7d., costs 10s.; F. Curtis v. Elsie J. Atkinson, £8 55., costs £1 3s. 6d.; George W. Wilton and Co., Ltd., v. J. B. Laurenson, £3 19s. 10s., costs £2 25.; North and Co., Ltd., v. Brocklebank Bros., £29 7s. fid., costs £2 145.; Galtano Vndala v. J. Batchelor, £4. costs 10s.; Cadbury Bros., Ltd.. v. T. F. Richards, £13 1.95. 6d., costs 155.; Wellington Engine Drivers'. Union v. Victor Richardson, £2 3b., costs 10s.; Ernest Tancred T> Bell and Hugh Mackenrie v. Thos. Burt, £24 7s. 6d., costs. £2 145.; the Lawrence and Hanson Electrical Engineering Company v. C. Leach', £86 14s. 2d., costs £4 13s. 4d. JUDGMENT SUMMONSES.

Arthur W: Scoullar wss ordered to pay the Empire Loan and Discount Company, Ltd., £18 ss. 6d. by February 9, in default ten days' imprisonment; W. T. M'Gavin, ordered to pay Rafael Badia £5 14s. lOd. by February 9, in default six days' gaol; May Wells was ordered to pay W. J. Haines £4 18s. 6d. by February 9, in default four days' imprisonment. POLICE CASES. Mr. D. G. A. Cooper, S.M., dealt with the police cases at the Magistrate's Court yesterday morning. A young man named Herbert Clarence Donaldson, who absconded from the Burnham School, was ordered to be returned to that institution. For drunkenness, Alexander Churchman, with four previous convictions against his name within tho past six months,'was fined £2, in default seven days' gaol. 1 One first offender, who failed to appear, was fined 10s., in default '48 hours' imprisonment.