COURT NEWS

Opotiki News, Volume II, Issue 191, 7 June 1939, Page 2

COURT NEWS

MONTHLY SITTING A SHORT HEARING The monthly sitting of the Opotiki Magistrate’s Court was held in theCourtliouse to-day before Mr. E. L. Walton, S.M. There was only bne case apart from civil claims. 4 Stanley F. Kerr (Mr. Dnnkall) was charged with stealing a sum of money, this case being adjourned from the previous monthly sitting, when, defendant failed to again didl not put in an appearance •although Mr. Bunkali said he was on his way up from the Coast. The Magistrate said that it was a contemptuous way in which to treat the Court and said he would have to issue a warrant for defendant’s apprehension. Webb Bros. (Air. Hodgson) v. G.. Butler (Air. East) in a claim ami. counter claim. Air. East said that the only contest was as to the counter claim. G. ButJer, mechanic residing at 0potiki, stated that early in 1933, Mr.. W. J. Walker, at Waihou Bay, consulted defendant as to a change m. motor vehicles. Witness made* certain recommendations. Air. Hodgson objected to the evidence as it did not concern dealings between witness and AVebb' Bros: Ifhe objection was upheld. AYitness continuing, said he saw AA 7 ebb Bros, and arrangements were made to goi 50/50 on commission. Tim arrangement was .arrived at at Te Kaha and AVebb’s fixed the deal* with Leylands. Alter the deal witness applied tot AVebb B'ros. '-for commission —about five months’ after. AVebb asked about the commmisSion on tlm sale of the Dodge and witness said lie received no. commission] on th© sale of the Dodge. Nothing further was done until recently. Air. Hodgson, cross-examining witness asked what the claim of £l9 10swas based upon. AVitness said he put down what he would have got -if hohad been doing, the deal. He had been dealing with Thornycroft for years. AVitness gave .a record of liis previous experience. Air. Hodgson read a. letter from Dysons Ltd., which denied any record of dealings with Air. Butler. Air. T. J. AVebb said that Air. Walker was after a truck and lie was. running the Levland agency. Air. Butler was trying to sell AYalker a Thornycroft... There was no mention of commission toi Air. Butler. No demand had been received, CirosSf-examined by Air. East witness said the only time he saw Air. Butler was at Tp Kalia when Air. Butler was trying toi sell a Thornyeroft.

The Alagistrate said that it was a ease of a defendant of a claim trying to establish a counter-claim A person who would take secret commission; could not have evidence accepted. Judgment was given for AVebb Bros, for both claim and counter-claim.