MAGISTRATE'S COURT

Evening Star, Issue 23697, 3 October 1940, Page 2

MAGISTRATE'S COURT

THURSDAY, OCTOBER 3. (Before Mr J. R. Bartholomew, S.M.) UNDEFENDED CASES. Judgment by default was given plaintiff (with costs) in the following cases:—Rose Ellen Lowe v. A. R. Gillan, goods supplied, 14s 2d; Reilly’s Central Parking Station Ltd. v. G. Newoy, work done, £29 Os 7d. DISPUTE OVER FREIGHT. Walter; Black, of Nelson, proceeded against George Stanley Kirby, of Dunedin, claiming the sum of £lO 14s 7d payable to the plaintiff in pursuance of an agreement made about May of this year between the defendant and Percy James, acting as agent fqr the plaintiff, whereby defendant undertook to pay freight on a piano forwarded from Nelson to Dunedin for inspection by defendant, with a view to purchase. Mr I. B. Stevenson appeared for Black, and Mr N. Allan for Kirby. Mr Stevenson said that James had been asked by the plaintiff if he could find a purchaser for the piano in Dunedin, and as a result of what he had been told by a third party James approached Kirby to see if he would be interested in inspecting plaintiff s piano. Defendant said he would be. It was alleged he' had agreed to pay £lO, the cost of bringing the piano from Nelson. James did not get anything in writing, and the defendant was now denying that any such arrangement, existed. r . Mr Allan stated that the case turned on Kirby’s word against that of James. After lengthy evidence had been beard the Magistrate remarked that the evidence was all one way. Defendant had to give a flat contradiction to several witnesses. Judgment was accordingly awarded plaintiff, defendant having to pay court costs (£1 10s), solicitor’s expenses (£2 12s). and witnesses’ expenses (10s).