MAGISTRATE'S COURT

Otago Daily Times, Issue 24414, 27 September 1940, Page 4

MAGISTRATE'S COURT

Thursday, September 26 (Before Mr J. R. Bartholomew, S.M.) Undefended Cases Judgment by default was given for the plaintiffs in the following cases:— W. H. Huthnanee and Co. v. E. Low (Outram), claim £5 12s for goods supplied, with costs (£1; 12s 6d); Donald Reid and Co.,;Ltd: v.;L: r A. Wyllie (R'otorua), claim £8 for goods sup- ! plied, with costs (£l 14s 6d); A. Smith ', and Co., Ltd. v. J. Thompson (Kelso), claim £ 1 2s 2d for goods supplied, with costs (12s). Claim and Counterclaim Alfred Haynes, Alfred John Haynes and William John Haynes, formerly in partnership as the .Dominion Picture Moulding Company, proceeded against Austin K. Toomey, of Invercargill, claiming the return of a ledger, a cash-book and-a bank pass-book alleged to have been wrongfully detained by the defendant' The plaintiffs also claimed £lO as damages arising out of the detention of the books. The defendant counterclaimed £ls 14s 8d the amount alleged to be owing to him for wages and travelling expenses.— Mr G. T. Bay lee appeared for the plaintiffs and Mr A. B. Quelch for the defendant.—Before the case was opened Mr Quelch intimated that he had been instructed to hand the books over to the court unconditionally. - All that remained, therefore, were the plain-.C tiff's claim for damages and the coun-:V ter-claim.—After hearing evidence. theV magistrate gave judgment for the de- / fendant for £2 5s on the claim with costs (£1 8s). In respect of the claim, the books were ordered 1 . to be returned to the plaintiffs, who:; were awarded £2 as damages for;i their detention with costs (£3 18s). ; Claim for Rent :| E. A. Clarkson (Mr M. Joel) pro- = ceeded against R. A. Tyrrell claiming ,' £4O 10s as rent of a dwelling.—lt was -?. explained in evidence that the .defen-.,-. dant had paid the rent to the niort-;;;' gagor of the house who was the land- '.• lord, instead of. .t 6 ..the' mortgagee -J (Clarkson). who had.' into?-, possession.—Judgment for. the arnpunT.'t claimed with costs (£4 13s.'■ 6d); wai.-; given for the plaintiff. '.' '".' ' '.> : ''":