SUPREME COURT

Dominion, Volume 9, Issue 2696, 16 February 1916, Page 9

SUPREME COURT

A HOTEL TRANSACTION A claim for the return of a deposit paid in connection with a hotel transaction was hoard in the Supremo Court yesterday before His Honour Mr. Justice Chapman. The plaintiff was William Bourke, settler, of Wellington, the defendant being Lionel R-amsbot-toin Ishenvood, hotelkeeper, of Waipawa. jvlr. T. M. Wilford appeared for Bonrko, while Mr. A. W. Blair appeared for Isherwood. Mr. 0. N. Beere also appeared in the case to represent A. I). 'Kennedy, an interested party. It appeared from the statement of claim that Bourke liad agreed, in February, 1915, to purchase the interest of Isherwood in a hotel at Whakataki, Wairarapa. Tho sum of £100 was paid to A. D. Kennedy and Co. (Isherwood's ngent) as a deposit, and, when Bonrke was unable to obtain a Magistrate's certificate to take possession of tho hotel, he sought the return of this amount. Isherwood refused to \makc tlie refund, and Bourke now sued for the amount, together with interest, from May 10, 1915. The defence wa« a denial that the money had been received by A. D. Kennedy and Co., as agents for Isherwood. Tho latter said that any money received by A. IX Kennedy and Co. was received by them as agents for fche plaintiff, or as agents for both parties. Generally, the defendant (Isherivood) denied any liability in the matter of tho return of the deposit. Decision was reserved.