MAGISTRATE'S COURT.

Hauraki Plains Gazette, Volume XXXVII, Issue 5050, 10 November 1926, Page 3

MAGISTRATE'S COURT.

MONDAY’S SITTING AT PAEBIOA. SEVERAL CLAIMS HEARD. At the Paeroa Magistrate's Court on Monday, before Mr J. W. Poynton, S.M., the 'following actions were dealt with :— COUNTY RATES SUED FOR. The Ohinemuri County Council (Mr E. W. Porritt) entered a claim for rates due, amounting to £l4 15s 6d, against William Rea. Outlining the .case, Mr Porritt: said that the claim was for arrears of rates in respect of property in the name of William Rea. It had since been transferred to John Rea, and some rates had been paid. At that time John Rea had acknowledged liabiltiy for the. arrearsi then due, amounting to £7 6s, but those were now statute barred. Sufficient rates had been paid to produce a clean receipt to the Crown Lands Department for the purpose of securing the transfer.

The assistant county clerk stated that the then cnurrent year's rates had been paid, but the arrears were not paid and the receipt was endorsed accordingly. John Rea had contended that as a receipt had been given the land was ndt liable for the arrears of rates. There being no defence, judgment was given for £7 9s 6d, the amount now recoverable, together with costs, £2 6§. A BUTCHER’S CLAIM. Edward Edwards (Mr O’Neill), butcher, Paeroa, proceeded against Mutu Te Moananui, railway employee, Frankton Junction, claiming £7 Ils ICd for meat supplied. In evidence Edwards stated that the goods were charged to Walters and. Mutu, who were in partnership. Defendant stated that he. had agreed to pay the grocer’s bill on the under* standing that Walters wduld pay the butcher’s bill. He therefore asked that the case be adjourned until Wal u ters could be found. The Magistrate said that that would not relieve the defendant, but he had a claim against Walters, Judgment was given for the amount claimed. SEPARATE ESTATES. Morgan Bros, (Mr Carden), Paeroa, claimed the sum of £2 12s lOd 'from Henry Harley and Mrs M. Harley, of Waihi, for cordials supplied. Mr Carden stated that there was a dispute as to whether Harley or his wife was liable. Evidence was given by El C. Morgan •to the effect that the two defendants were recognised by his flrm as trading as one company. However, apparently there had recently been a split between Harley and his wife, and now each disputed the liability.

Mr E. A. Porritt stated that when a separation order was granted Mrs Harley she took over the business and ran it on her, own.

Miss D., Wright stated that when she was employed by Mrs Harley the husband was treated as an ordinary customer.

Henry Harley, dealer, Bowentowh, said that when he and his wife were in business she did all the business in his name.

In reply to the Magistrate Harley said that when the separation was effected, and the partnership dissolved had advertised in the Waihi paper that he would not be responsible for debts contracted in his name. Tn view of the unavoidable absence of Mrs Harley the Court agreed to continue the case at Waihi. JUDGMENTS BY DEFAULT. Judgment 'fox' plaintiff by default was given in. the following cases. Beale Bros. v. Kiri Harawixa, £l6 4s, costs £3 18s ; Brocket and Shand v. M. E- Springall, £l5 10s sd, costs. £4 7s ; Commissioner of Taxes v. Ellen .Barrett, £2 4s 6d, costs IOS,; same v. E. R. Smith, 12s 6d, costs £1 Is ; Siame v. G. T. Smith, £6 ,17s 2d, costs 17s; same v. James Munro, £8 2s 2d, costs £1 14s;; W. Stephenson y. H. McCormick, £2 4s 9d, costs £1 4s 6d; spme; v. Jack Tawhiti, £3 18s Bd, costs £1 10s 6d; E. A. Wilson y. A. Spencer, £5 13s, costs £1 14s 6d, and possession within 14 days; W. J. EUis y. Hawiro Taupo, £6 5s 6d, costs £2 Os 6d; D. J. Evans, v. Willie Wani, £l3 19s, costs £3 7s ; same v. Ihimaera, £4 5s lOd, costs £1 14s 6d; P. Williams, Ltd., v. J. Martin, £2 Is sd, costs; £1 13s 6d ; Master si and Avey y. C. Dench, £lO ss, costs £2 165.; same v. T. Castles, £lO 16s 6d, cos.ts £2 19s ; W. W. Little v. B. Raukopa, £5 ss, costs £2 5s 6d; Brocket and Shand v. M l . Remington, £6l 6s lid, costs, £4 17s 6d; Wallace Supplies, Ltd., v. H. Uren, £ll 8s sd, costs £2; same y. J. D. Robertson, £4 14s 2d, costs £1 3s 6d; A. EL Say and Co. v. H. and M. E. Springall, £3 15s 3d, costs £1 4s, 6d. JUDGMENT SUMMONSES. George Barakat was ordered to pay G. Court and Sons the sum of £3 15s, in default three days’ imprisonment in Thames Gaol, .the warrant to be suspended for 14 days. Jack Moses was ordered to pay Miss L. S. Marshall £5 10s 6d, in default six days’ imprisonment in Thames . Gaol, the warrant to be suspended for 14 days.

Warren Hauraki was ordered to pay 'Wallace Supplies, Ltd., £2O Is 10'd, and icosts £1 Ils 6d, at the rate Of £1 a month.

Robert Gage was ordered to pay the Official Assignee £5 6sl 3d, and costs 15s 6d, at the rate of 10s a month. A. Pikajri was ordered to pay Maxwell and Bras.h £l2 19s 6d, in default 12 days’ imprisonment, the warrant to be suspended so long as debtor paid 10s a month, the first payment to be made on December 1.

A, Spencer was Ordered to pay W. Fleming and So., Ltd., £4 17s at th© rate of 10s a month. G. Wilkinson was ordered to pay Brocket and Shand £l4 14s, in default 14 days’ imprisonment, the Warrant to be suspended so long as debtor paid 10s, a month, the first payment to be shade on December 8.