RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XIV, Issue 148, 23 June 1879, Page 2

RESIDENT MAGISTRATE'S COURT

[Before L. Bkoad, Esq./R.M.] Sclanders and Co. v. Matthew Callaghan, of luglewood, Taranaki.— Action to recover .£46 12s, for goods supplied. Mr Henry Adams appeared for the plaintiffs. Judgment for atnouut claimed and costs £4 3s. Native Commissioner v. Mrs Hamilton, for £12 for rent of section No. 50 at the Port.— Mr lercy Adams appeared for the plaintiff Judgment for amount claimed and coats ,£l 16s. N. Edwards and Co. v. M'Coy,of the Lyell Action to recover £22 2s 8d for goods supplied. The payment had heen made by cheque, which waa dishonored on presentation, and the defence was that the goods were badly packed and received in a damaged condition. His Worship held that it was no answer to an action by drawer against ; c- I

ceptor, that the consideration had partially failed on account of the badness of the quality or improper package of the goods delivered, or that they had turned out to be worth much less than the amount of the bill, unless traud wda shown on the part of the plaintiff. Judgment for the amount &nd costs;---£3 13s. Mr Percy Adams appeared for the plaintiffs. Adams and Kingdom v. Thomas Tuunicliff and William Norris, executors under the will of Henry John Tunuicliff, deceased.— Action to recover £18 14s 10d, professional costs. Mr Percy Adams appeared for the plaintiffs, for whom judgment was given, with £3 18s costs. Adams and Kingdon v. Gray.— This was an actiou to recover £23 18s 2dd for professional costs, fees paid, &c. The items were as follows :— lnstructions to bring balance of Poynter's estate under Land Transfer Act, and advising as to mode of getting title including several attendances, 13s 4d— Preparing application to bring laud bought from Poynter's estate under Land Transfer Act with parcels, plans, schedules, &c.,' £3 3s - 1 reparing plan of estate to annex, £1— Attending as Notary public attesting Mra Poynter'a declaration to application, los6dbtatnp on declaration, 2g 6d— Attending stamping application, 6s Bd-Paid, 2s 6d~ Attending lodgiug application, 6s Bd— Paid fees on application, £17 83-Letter to Poynter s executors re deficiency in area, ss— Total, £23 18a 2d. Mr Pitt appeared for the plaintiffs and Mr Atkinson for the defendant. Mr Pitt stated that the plaintiffs had been instructed to act for the defendant in the matter of the purchase of a large amount of property on the Port hills from the executors of the late Mr Poynter's estate, the price of which was £1400. They lodged the neces sary application at the Land Transfer Office, and after a time found that they couln* : Dot obtain a title for the whole property, as the executors had set down a piece of the land as having a frontage of 594 feet to Kussellstreet, whereas it was not much more than half the size. Thence arose a dispute between Mr Gray and the executors, for whom the plaintiffs were also acting as solicitors, and it became necessary for them to decide for whom they should act, when they elected to act for the executors as their oldest clients, and it was mutually agreed that Mr Gray should consult Messrs Fell and Atkinson. Adams aud Kingdon then requested that their charges might be paid, to which Mr Gray objected that certain of the charges ought not to have been incurred, as Mr Adams should have made search and discovered the error at once. But he (Mr Pitt) argued that it was not the practice for the lawyers, any more than for the brokers, to make such search. Under the Act the application was filed and lodged in the office, and then it became the duty of the officers of this department to enquire into the title. Search by the lawyers was never contemplated by the Act, as it became the Examiner s business. The retainer was admitted by the defendant, and also that the charges were reasonable, and the first and last items of the account wero paid into Court, but the plaintiffs considered they were entitled to the full amount, and- therefore had brought this action. Mr Atkinson argued at some length for the defence that the instructions to Messrs Adams aud Kingdom were to get a title for Mr Gray for the land he had purchased, or to ascertaiu that it was not obtaiuable, and the error which prevented the title being granted might have been discovered at once by search. Hl3 Worship said he should take time to consider the matter, and reserved judgment accordingly.