DEBTORS IN COURT.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5187, 5 October 1927, Page 2

DEBTORS IN COURT.

JUDGMENT SUMMONSES HEARD. CASES TAKEN AT PAEROA. At the Magistrate’s Court, Paeroa, on Monday, before Mr F. W. Platts, S. M., Wallace Supplies,, Ltd. (Mr C. N. O’Neill), sought to recover the sum of £23 13s Id on a judgment summons for goods supplied to J- P.. Mitchell contractor, Paeroa.

Under examination by Mr O’Neil Mitchell, admitted that lie owed the money, and that Judgment had been ■obtained against him in May last, and since that date he had paid nothing in reduction of the amount. He; was in business with his brother as cartage contractors, but had earned little or nothing during the 'months of April, July, and August. There were payments to be kept up on a motoi truck, and those instalments had been kept pretty well up to date. The business was a fairly good one, but tho liabilities absorbed all the money they could earn. Under pressure by Mr O’Neill the defendant admitted that he had received certain small payments from the Dairy Company.

The magistrate suggested that Mitche.l.l might make an offer and avoid the publicity of stating all his. affairs. To the Bench Mr O’Neill said that he recognised Mitchell was a haidworking man, but he believed he could do something towards reducing the amount.

An offer was thereupon made by Mitchell to pay £5 a month.

This was accepted by Mr O Neill, and Mitchell was ordered to pay the amount forthwith, the warrant to be suspended so long as he paid £5 a month, the first payment to be made •on November 3; in default seven days’ imprisonment in Thames Gaol.

A W. Curtis, junr., Paeroa, was ordered to pay H. S. Joll a balance due of £2 5s 6d, the warrant t.o be suspended f°r one month; in default three days’ imprisonment in Thames Gaol.

Thomas S, Short was ordered to pay R. Burns, Grey Lynn, the balance due, £7 10s lid, the warrant to be suspended so long as debtor paid first payment of 5s on October 10 ; in default four days’ imprisonment. George Barakat was ordered to pay the Official Assignee the sunj-6f £3 18s 3d, warrant to be suspended for ■one month ; in default three: days’ imprisonment. Thomas S. Short was, ordered to pay G. McMillan and Co., Ltd., Auckland, the sufti of £l4 10s at the rate of. 5s a week, first payment to be made on October 10'; in default five days’’ imprisonment. Frederick Ngawiki was ordered to pay the Official Assignee the sum of £8 Ils 10d at the rate, of 7s 6d a month, the first payment to be made on November 3 ; in default four days’ imprisonment: AN ORDER REFUSED. On a. judgment summons H. E. Butler (Mr R. S. Carde.n) proceeded aganist H. D. Sorensen, labourer, Paeroa, to recover the sum of £7 19s 3d due for goods supplied. In evidence Sorensen admitted that judgment had be.en entered against him in May last. He was working at the Tirohia quarry, and. had to contribute £2 10s a week to his wife and family under a maintenance order. His earnings averaged about £4 a week. Since May 2 he had paid his wife, £34. If a better job could be obtained he would pay his creditors willingly. He was not a teetotaler, but had never been drunk in his, life. To the. Bench Mr Carden said he kne,w that the debtor was rather partial t,o a little gamble, and also spent money on liquor. In his opinion Sorensen should he compelled to make some offer to liquidate the debt.

To the Bench debtor said that he had eight children to provide for, and he was quite prepared to pay the amount, which he admitted was overdue, but he was; not in a position to make an offer at the present time. - The magistrate said that under the circumstances he was not prepared to make an order. In reply to Mr Carden the: magistrate said he would not allow’ any costs. lt‘ was, clearly laid down that costs would not be allowed for-ap-pearance of solicitors on judgment summonses except under unusual circumstances', such as fraud. JUDGMENTS BY DEFAULT. Judgment for plaintiff by default was give, n in the following cases: — R. L. McClinchy v. B. Farrell, £2O 19s 6d, costs £4 16s ; C. W. Watts v. L. Saunders, £9 16S’, costs £2 3s 6d ; Brocket and. Shand v. H. Lewer, £24 16s 6d, costs £4 8s 6d ; C. W. Watts v. A. Wilcox £7 15s 3d, costs £1 19s 6d.