MARTON COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8741, 15 February 1907, Page 3

MARTON COURT.

Tuuusdav, Febudauy 14txi. (Before Mr Stanford, S.M.) _Neilson v. Hunt—This was a claim for £1 6s for repairs to a bicycle. Defendant stated he had lent a bicycle to a young man who had damaged the machine through a collision, ilaintih had been requested to recover cost from the man who had damaged the bicycle. Defendant denied the allegation that he had taken the machine to the shop for repairs but admitted haling inspected the bicycle and inquired as to cost of repairs. Plaintiff was nonsuited. Mr Harris for plaintiff and Mr XiTon for defendant. Barratt r. Campbell.—ln this case the plaintiff claimed £47 13s -Id for balance of wages, while defendant counter claimed for £/0 Is Mr W. J. Hunter, of Levin, appeared for, plaintiff and Mr Harris for defendant. There was considerable conflict of evidence as to what payments had actually been made to defendant and the number of hours worked and after hearing evidence on both sides at great length His Worship suggested an adjournment with a view to a settlement. After luncheon Mr Hunter, on behalf of plaintiff, announced that a satisfactory settlement had been arrived at and judgment was entered up by consent. , Joseph Lampp and Moses Ccmman (Executors of G. L. Coleman, deceased; v A S Coleman, claim £2O os lor three half-yearly instalments of interest alleged to be due, by defeudaiu to the estate ; of G. L. Coleman on a promissory note given by defendant to the deceased himself. Mr Miles for plaintiffs and Mr Lyon for defendant. The evidence for plaintiffs was to the effect that G. L. Coleman, deceased, had agreed verbally to lend a sum of mouey to defendant for three years, and that defendant had agreed to pay 5 per cent interest half-yearly on the sum lent; that defendant gave a P.H. due at three years for the amount of the loan, but interest was not men tinned jn the P.N., and the agreement to pay interest was by word of mouth only. Mr Lyon, for defendant, submitted (1) that plaintiff should be nonsuited, inasmuch as the agreement for payment of interest being contemporaneous with the P.N., the interest should have been included in P.H. and thus reduced to writing, and that it was not open to a plaintiff under such circumstances to proyc a part of the agreement as lay in word of mouth only ; (2) that the claim was barred by the Statute of Frauds, inasmuch as the agreement for payment of interest should have been in writing as it concerned a mailer that could not be performed within one year ; (3) that by the Bills of Exchange Act, 1883 the only liability on the maker of the P.FT. was to pay it according to its tenor: and that a collateral agreement to pay interest could not be applied. ' Mr Miles, m reply, contended (1) that a collateral verbal agreement to pay interest could be admitted m evidence ; (3) that the Statute of Frauds was not a bar where one person had received the whole consideration agreed to be given. The Magistrate nonsuited plaintiffs with costs, holding that the contentious raised on defendont’s behalf were fatal. Leave to appeal was granted. G. L. Coleman's executors (J. Lampp and M. Coleman) v. A. _S. Coleman, claim for £IBO 10s Sd, being £IBO, the agreed sale price of certain farming stock, sold to defendant by jj.' L. Coleman, deceased, and £8 10s 8d interest on part of such price. Mr Miles for plaintiffs and Mr Lyon j for defendant. The defendant claimed to have the sale price of £IBO reduced by £l4 10s on the ground that certain of the goods gold'did not belong to the deceased at the time of the sale. Defendant also disputed the claim for interest, and filed a counter claim for £26 9s, and paid the admitted balance of £l3O Is into Court, and pleaded prior tender After a contested hearing the Magis? , irate disallowed the plaintiff's’ claim for interest (£S 10s 8d) and gave the plaintiffs judgment for the balance (£180) of their claim, less £0 10s, part of the counter claim, which lie field defendant was entitled to recover, and less £l3O Is paid into court, _ and allowed Court costs and solicitors’ costs to plaintiffs. His Worship re- : marked that in respect of the counter- j claim and interest the matter was a very puzzling family dispute.