THE IVESS v. MARTIN CASE

Globe, Volume XXII, Issue 2077, 20 October 1880, Page 3

THE IVESS v. MARTIN CASE

Thia caae, which has excited considerable interest in Aakburton, has at length been settled. The facta were that Mr Martin was employed by Mr Iresa as collector o£ accounts on commission. A misunderstanding led to the dismissal of the defendant, and subsequently to his being sued in the Resident Magistrate's Court for £27 Is Bd, moneys whioh the defendant kept as commission on accounts collected by him, but to which the plaintiff alleged he had no right, as the accounts for which he charged the commission were not included in the agreement. The case was non-suited by the Resident Magistrate, on the ground that it was beyond his jurisdiction, and next it was brought before the Dietrict Court. Judge Ward held that it was necessary for the plaintiff to establish a bonafide olaim of £2O to obtain judgment from the District Court, but as he had admitted the set off, which re uced his claim to £6 18s, the Court could not deal with it. The case was taken back to the Resident Magistrate's Court again and nonsuited, and Mr Iveea gave notice of appeal. He next appeared before the Resident Magistrate's Court to ask the Magistrate to state a ca»e for appeal, as he and counsel for defendant had failed to agree. The Magistrate promised to consider the case, but as the defendant has now paid %\e money and coßts the necessity for stating the cose baa ceased.