MAGISTRATE’S COURT.

Hawera Star, Volume XLVIII, 26 September 1924, Page 2

MAGISTRATE’S COURT.

HATRICK AND CO..v. AIOLLER. The case in which Hatrick and Co. claimed from H. H. Aloller the sum of £7O, alleged to be wrongfully retained by defendant, and in which Aloller counterclaimed for £7O or commission due or, in the alternative, for wages I due, -was continued in the Haweraj Alagistrate’s jDourt yesterday. At the close of Moller’s case on the counter-claim Mr. O’Dea asked for a nonsuit on the grounds that there was no evidence to prove that defendant was employed by Hatrick and Co. . The Magistrate intimated that he •thought some evidence should be forthcoming from the plaintiff company. Air. Alatthews drew the Court’s at. fcention to the fact that, irrespective • of the question involved in the counterclaim as to whether Aloller was- in the employ of Hatrick and Co. or not, he would nevertheless be entitled to a lien on the moneys which he had collected as against Hatrick and Co., and that they could consequently not succeed on the claim; His Worship said he. would take time to consider the point raised by Air. Alatthews, and Air. O’Dea asked the Court to reserve the nonsuit point with leave to him to call evidence if required. Upon the Court resuming in the afternoon the plaintiff’s evidence was taken and the Magistrate reserved his decision.