MAGISTRATE'S COURT

Dominion, Volume 12, Issue 161, 2 April 1919, Page 2

MAGISTRATE'S COURT

A QUESTION OF TITLE

PLAINTIFF BECOMES ANNOYED

Something iir the nature of a "breeze occurred at the .Magistrate's Court yesterday during tins hearing of a case in which John Hem-v Hooper, laud agent, of Wellington, asked Mr. F. V. Frazcr, S..M'., to make an order requesting Bruce Howe, clothier, to give up possession. Ot premises in IEB Lambton yuny. Plaintiff also claimed J129 lis. for rent of the premises from January 111 to March 12, 11)19, find ft further at the rate of £1 per day for uso and occupation of tho promises from .March 12 down to date of hearing. " . Mr. J'. W. Jackson appeared for plaintiff anil Mr. M. F. Luclne for defendant. Mr. Jackson said that plaintiff was the lessee of the'premises, the owner being Mr. E. Hawaon. Defendant leased a |ortion of the premises, from plaintiff, who reserved a small portion for an office for himself. The term of the lease was six months,' at tho expiration ot which the plaintiff gave, the defendant notice to quit. He did not quit, so he was sued tor possession. -Plaintiff, however, was nonsuited on the ground that plaintiff had accepetd rent after the expiration of the notice to quit. That apparently was a mistake, but t.ie factremaiued that-plaintiff was nonsuited. Fresh notice to quit was served, but oc r fm.da.nt was still in possession. Plaintiff said the terms of the lease were that the rent should be M 'per week, pavable in advance, the period to be six months. Defendant had refused to go out. ' . . • Cross-examined by Mr. Luckie. -witness admitted that a notice to quit had. been served upon himself, the signatories ot the document being Messrs. Chapman, Skerrett. "Wvlie, and Blair. He maintained, however, that Messrs. I'ieitl, Luckie, and Sladden had instigated the matter, as Mr. Sladden served the notne. Ho also contended that Rawson should not have leased the premises to lnni, as the premises had been condemned. During re-examination -by Mr. Jackson, Mr. A. W. Blair happened lo be sitting alongside Mr. Luckie. Pluintill. objected once or twice to Mr. Blair laughing, saying that lie ought to lie "on Fullers'." Suddenly he walked out of the witness-box, angrily exclaiming, •'Give him the show. Tin not going to ba insulted by that man!' Mr. Fra«r: Now, now, what a the matter? Who do von mean? Plaintiff: Mr. Blair. Mr. Frazcr: I liavp not noticed .Mr. Blair do anything. I. have been'attending lo my business, and if you would attend to me vou would get along alt right. Vou arc supposed to speak to mo. not watch Mr. Blair. riaintiff then calmed down, and the hearing was proceeded with. In answer to further questions, he said he considered he, and not llnwson, was landlord ot the premises as far as Howo.was coinedMr. Luckie contended that His Worship had jurisdiction to .deal with the cas\ There was a question of title involved, and that could be decided only bv the Supreme Court.. ' ■ 'Mr. Jackson-said, it was a pity that. Rawson had not gone'on with Ins notico requiring.'..Hooper..to quit. Mr. Luckie said that llawson had boon willing to accept Howe as his tenant, and bis notice to quit related only to the portion of the premises occupied by Hooper. . , His Worship entered a. nonsuit against plaintiff, lidding that the Court had no juiisdiction to deal with the. matter, as there was a question of title involved. CLAIM FOlf COMMISSION. Before Mr. W. G. llidrlell, £.'M ; , William Lingard, estate agent, of \\cHmgr. ton, elated from Ernest Hadley, builder, of Brooklyn, the sum of Ml Us. for commission on tho-sale of two o'lfbobnlf of plaintiff, for whom Mr. Douglas Jackson appeared, it was stated that defendant placed certain in Lingaid's. hands..for sale. Plaint iff, had introduced a Mr. Munn.to,the- defendant, with the result that a arm and I certain ' properties in/Wellington yerc exchanged. - - , I There was no dispute as to the ommisiion.on the first houses disposed f, but later on two more houses were sr.lt. For the defence, Mr. T. }V. Hislop denied that any authority had.i-een given to l.iiiganl to sell the houses. , ° Decision- was / reserved.

TWO RENT CLAIMS. Mr Riddell heard two cases in which William Money, an. old-age pensioner was proceeded against by Cathcrino Homo, of Nelson, and Frederick J. Walker of. Owen Street, Wellington, tor mt.lll.Sd to bo due.. Both actions wcro taken together. ' Tho first cam was for £2 h : , Mint tho bilanco of rent alleged to bo duo tor fhe eriod of seven weeks.from Decern her 4 1917, to January 21, 1018, at \m. So Vk'Ocl. per week, am also lor the 23 weeks from. January 24 WIS, to July 1, 1018. at. the rate of. 23. Ml. « week less A3 Bs. paid by defendant. Deftn ant vat first' charged 17s. per week re for a house at 51 Owen. btreot, but fis from December 4. 1017 the vent " raised to 225. lid. Dofcndnnt maintaii.ed that tho rental was too higli, although hi ".greed' fair The second claim for AW .»»■ '«'•, respect to the batec. o re„ asserted to bo duo to Walker after ue hr-nse had been transferred from Uio P, considered that jH is. 6d. was a fair rental. H ■ «.f £ judgment for the plaintiffs foi those a Mr n p Levi Conducted, tho case for i-Mr. Douglas-Jackson appeared for Catherine. Home, and Mr. J. hcou for defendant Money.

POSSESSION OF A HOUSE. Mr. Trazer' made an order requiring EC. Kirk to give up posse ss.on of a house in Connanght Terrace to BUmoi Evelyn Moars by April 23.

IJXDEEKNDED CASES. Judgment for plain«fe'y default was Piveh bv Mr. W. G. Riddell, &.M., in tno 610wi.« ."defended easesr-J. Campbell v R. Anderson, jEo, costs Al £>• '«•• C' 1 Wilkin v. Gortie Dunn, £1 103..! « S J'Bs' Reginald Colli.«,Ldv^ r C Vnrr s Al IoS. Ml., .costs ii».> '■?¥£?'K«. **" ft ki. m -'iii'''"l TV: &»&s&■*■&&. W I V lion, .ElO Ids. 8d costs .« ii- fid- Annies Dennis Wnlshe v. 1. L (l "' ,",;-,,= £1 Is. Gd.; Rosenborg Wo v'S JThomas, X Ids costs CUv Corporation v. Arthur George costal John Hamilton Scott v. .. tl <>> (id.; Smith and Smith, Ltd.. u Oeoi„c E Anson, A 2 15s. «d.. costs 10,.

JUDGMENT' SUMMONSES. On imloment stimnionsM, Fredorbk \iiriil.v .ilfc- by. instalments ol r- 'i nor oi.Ui.nml nlso to m nlmnl ill's 0 ,insUlimMil* of m. pcrmo.,ll. l)n-^n,.l--or ; lo, ]; rtits iif .'.'l !>«!■ niunlly_ i.()i.tcirm;si>rKßs. The jK.'.icf cases were hoard b> M'- '.• V p|:-sif'St.e phW'p'iM? t« nrtn.l.r.v. where-I .<■'<« B' ''>"„ c iedton standing Hint »hc remains out ot »u liimton for that nonod.

A. young mini named Walter Herbert Olivers, ilcscrilicil us n ship's steward, was renmnded until to-day on a charge ot having, on March 8, at Wellington, forged a letter purporting to Ijl> written mi 1 signed by William M'Lennun, with the intention that it should bo acted upon as genuine. Hail was i llowed in the sum' oi .£25 .Maud (.ii-ant was fined .£2, in defnnlt seven days' imprisonment, for .the brea'.:!i of: a prohibition order, and was convicted and discharged for drunkenness.