MAGISTRATE’S COURT

Manawatu Standard, Volume LX, Issue 158, 5 June 1940, Page 5

MAGISTRATE’S COURT

MISCELLANEOUS BUSINESS. Tho fortnightly sitting of the Magistrate’s Court was held yesterday, Mr It. 51. Watson, S.M.,' presiding. Victor J. Sanson, of Feilding, for a breach of his prohibition order, was fined £l. In a civil claim Wm. Cotton sought payment of £2l 6s 8d from Messrs C. W. and J. P. Jensen, alleged to be due for funeral expenses in connection with the death of defendants’ brother. Mr D. H. Mclnnes appeared for ’plaintiff and Mr T. L. Seddon for defendants. » After the hearing of lengthy argument Mr Seddon submitted that defendants were not liable tor the debt. They had not personally incurred the debt, nor had they admitted liability. After, hearing the evidence the Magistrate said that he proposed to deal with the case under the equity and good conscience clause. He was satisfied that the evidence of Mr C. W. Jepsen had been given very honestly and with straightforwardness. He had admitted that he and his, brother had made the arrangements with plaintiff in the first place and he" and his brother should pay. The Magistrate was satisfied that no price had been fixed. The obligation was on the brothers and plaintiff was entitled to recover from them. The Magistrate found that plaintiff was entitled to judgment for the service at £26 and gave judgment for this amount against defendants, less the amount they had already paid, together with costs amounting to £4 10s.

Colin Peck, of Feildina. was fined £5 on a charge under the driving laws, 16s on a charge of Having no tail-light, and £1 for failing to possess a warrant of fitness. The convictions arose put of a collision with a stationary car in Grey Street, and counsel for defendant (Mr D..C. Cullinane) said that his client intended to get rid of his car. Defendant had purchased a new tail-light, which had been stolen. Sergeant Turner stated .that the police had been informed by defendant that he had been somewhat dazzled by the headlights of another car. The Magistrate said that if that was the position defendant should have slowed down instead of proceeding to turn into Grey Street where the stationary car was parked on the side of the road off the metal.