GREY MAGISTRATE’S COURT.

Greymouth Evening Star, Volume XXXI, 9 July 1901, Page 2

GREY MAGISTRATE’S COURT.

Monday, July Bth.

(Before 11. S. Hawkins, S.M.)

Wickes v. Fricdlandcr and others.— Claim, £Bl 12s 6d. Messrs Wake and Hannan for plaintiff and Mr Murdoch for defendants. This was an action for costs due to M. Hannan by Barrytown No, 2 Mining Company (in liquidation), of _ which defendants were directors, which debt had been assigned to plaintiff. Edmund Wickes, plaintiff, proved that the amount had not been paid, and he was assignee.

George Percy Wake, solicitor, proved sending signed copies 6f bill to each defendant and to the Secretary of the Barrytown Flat Company No. 2, and later a notice of assignment to plaintiff by registered letter. M. Hannan, solicitor, received instructions from Mr J. C. Duncan, director of Barrytown Plat Company No. 2, to act for company. Saw several of the directors at various times. The company had several actions in Warden’s Court and appeals in the District Court, and several communications took 1 place with the Secretary, Mr Stycho. Mot outgoings and drew on company from time to time for amounts duo. When the company started to wind up a full account was rendered, and draft sent for amount due. This draft was hold over on various excuses and was not paid. The company’s property was seized under distress warrant, and I claimed solicitor's lien on titles in my possession. The plaintiff bought properties and afterwards plaintiff bought the debt, paying me the full amount due, and the titles were handed over to his solicitors. Mr Murdoch asked for a nonsuit on the ground that the Magistrate’s Court had no jurisdiction as the matter related to mining, and could only bo adjudicated on in the Warden’s Court, that the solicitor should be appointed under seal, and that titles should not have been handed over to plaintiff. Judgment was reserved.