RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume VIII, Issue 189, 7 August 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Thomas Brunner and Robert Pollock, feq., J.J.F.) Yesterday. Buchholz and Myers v. James Wilkie. Mr Acton Adams for plaintiff and Mr i itt for defendant. Mr Acton Adams said that this was an action brought by the plaintiff to recover his share of four quarters' rent of a store at Motueka, rented by the three from Messrs Hodder and Talbofc at £50 per annum. The parties were co-owners not partners, and could therefore sue one another. He called Messrs Buchholz and Myers who stated that the defendant had paid his share of the first quarter's rent, and afterwards failed to do so ; that they had been compelled to pay under pressure from the landlords. Mr Pitt applied first, for an adjournment until after the trial of an action now pending in the Supreme Court between John SymoDS and Wm. Wilkie, and secondly, for execution to be withheld until after that time, on the ground that until that action was decided: it was not known to whom James Wilkie's estate belonged or who was the proper party to pay this rent. If W. Wilkie won the action he would pay it. He also cross-examined the plaintiffs as to their refusal to let the premises to Mr Snow, and urged the Bench not to allow the plaintiffs to have immediate judgment, and pressed for time until the Supreme Court action was decided Mr Acton Adams contended that the plaintiffs were entitled to judgment without restriction, that, granted tho facts mentioned by his friend were true, yet an assignment was no defence, the defendant as one of the original lessees, being still liable for the rent. And further, that the plaintiffs should be left to take the stock at their own peril, as they might be advised, and that, as the debt was not one of the plaintiff's due against the defendant, but money they had been compelled to pay for him, it was too bad to ask them to wait until James Wilkie decided whether he would file his declaration of insolvency or not. He quoted Lindley on parntership, to show that defendant could sell his share of the lease without the consent of the plaintiffs, who could not therefore hamper him in dealing with it. Judgment was given for the amount claimed, £17 6s 8d and costs, less £5 rent received from sub-tenant since the commencement of the action. To-day. Edward and Frederick Arnold were charged with wilfully damaging a boat belonging to Bernhard Moeller, by removing her to the Boulder Bank and leaving her there. Complainant said that on account of the youthfulness of one of the prisoners he did not wish to press the charge. They were therefore dismissed with a caution.