CLAIM FOR SURVEY FEES

Gisborne Times, Volume XXIV, Issue 1934, 16 November 1906, Page 2

CLAIM FOR SURVEY FEES

Yesterday afternoon, before Captain Tucker umd Mr W Akroyd. Justices, A f d T w-dal- “U--H Rawni Kiraha for £2 9 6 < u way fees. vi - F W Nol in appeared for plaintiff, a -d -'.I- Hn iur defendant. A-I.ad Testae, surveyor, said that two years eg, (1904) he was authorised Co complete Ebe survey of 313 2dS, Kaiti, belonging to defendant's wife. He bad made repeated applications to defondant for payment, but was always put off. By Mr Hei: He was authorised by the Purveyor General to make the survey; tho application for survey was Bigned by defendant’s wife. Witness did not know that defendant was not liable and could not be bold liable for his wife's aotion.

By Mr Nolan : He had posted accounts to defendant two or three times and also askad him several times, but was always put off. Mr Hei, without calling defendant, submitted to tbe Btnoh there was no oaso' against bis client. Defendant did not own the laud himeelf, and did not accept any 1 ability for same. Capt. Taoker said the Bench thought that the wife, tbe real owner of the land, should have been sued. Defendant might have by ambiguous answers led plaintiff to believe he was liable for tho claim, but the olaim had not been proved to the satisfaction of the Benob. Plaintiff would be nonsuited, but no costs would be allowed, as defendant ehould have told plaintiff right out that he was not respond sible. '