MAGISTRATE'S COURT

Otago Daily Times, Issue 22987, 16 September 1936, Page 2

MAGISTRATE'S COURT

Tuesday, September 15. (Before Mr J. R. Bartholomew, ' S.M.) UNDEFENDED CASES Judgment was given for the plaintiff in the following undefended cases:—H. and G. K. Neill, Ltd., v. J. Smith, claim £2 ss, for goods supplied, with costs (£1 4s 6d); Andrew Lees, Ltd., v. E. Allison (Oamaru), claim for costs onlydas); Glendermid. Ltd., v. C. Gray (Timaru), claim £29 10s lid, balance owing for goods supplied, with costs (£4 Is 6d); F. and R. Woods, Ltd. (in liquidation), v. Edith White, claim £l7 8s lid, balance owing for goods supplied, with costs (£2 16s); Murray Townley v. Robert Fraser (Invercargill), claim £ 15 4s 3d, for goods supplied, with costs (£2 16s); Auto Parts (Otago), Ltd., v. Anthony Hesse, claim £1 7s 6d, for goods supplied, with costs (13s). JUDGMENT DELIVERED The magistrate delivered his reserved judgment in the case in which Charles Begg and Co., Ltd., proceeded against Gray Russell Hunter on a claim of £ 15, the value of a radio set entrusted to the defendant on October 25, 1935, to be carried from Oamaru to Nelson, and which was not delivered to the plaintiff company. The magistrate said that the evidence failed to show that the plaintiffs agreed to accept Smith's (the driver of the defendant's bus) promise to pay in discharge of defendant's liability. If it could be shown that what the creditor accepted in satisfaction was the debtor's promise and not the performance of that promise, the original cause of action was discharged from the time when the promise was made. He thought the defendant was entitled to claim that his liability was pro tanto discharged by Smith's payments. This was sufficient to dispose of the case. Judgment would be for £ls, less £7 Bs, payments made by Smith, with costs (£2 6s). JUDGMENT SUMMONS Annie Matilda Brundell proceeded against William Groves on a judgment summons, claiming the sum of £8 16s, the balance owing on a motor car purchased by the defendant.—After hearing the evidence of the judgment debtor, who stated that since the summons had been served he had earned only £4 lis, the magistrate refused to make an order. SALE OF A CAR Elizabeth Mann M'lnnes proceeded against A. H. Clarke for the recovery of the sum of £45, the purchase price of a motor car sold to the plaintiff by the defendant. The plaintiff alleged that she had bought the car believing the representations of the defendant that it was in good running order and that the plaintiff would get the full amount of the price bac'.c should the car prove unsuitable. It was further alleged that the representations were either false, to the knowledge of the defendant, or were made by him recklessly and without regard to their truth.—Mr G. T. Baylee appeared for the plaintiff and Mr W. H. Carson for the defendant.—After hearing the evidence of several witnesses, the magistrate said that the allegations of misrepresentation by the plaintiff raised a charge of fraud and had to be clearly proved if the case was to be successful. The plaintiff's evidence had been vague and had failed to substantiate the allegations. She would be nonsuited, with costs (3s), solicitor's fee (£3 3s), and witnesses' expenses (£1 14s).