MAGISTRATE'S COURT.

Taranaki Daily News, Volume LIV, Issue 236, 3 April 1912, Page 7

MAGISTRATE'S COURT.

CIVIL DISPUTES. Sitting in his civil jurisdiction at the * Court yesterday morning, , Mr. A. Crooks, S.M.,'ga.ve judgment for the plaintiff in the following undefended cases: —L. A. Nolan v. John Wilkie, | £lO 7s and costs 3'2s 6d; J. G. Glass-1 ford v. A. Nisbett, £lO Os Od and costs j £1 15s Cd; W. J. Williams- v. 11. Oreen., £l2 os and costs £1 10s (id; J. McNeill , v.. F, W. Thome, £4 3s and costs 10s. In the judgment summons case of W. R+we v. J. W. Price, the defendant, who made no appearance, was ordered to pay on or before the 10th inst., or in default undergo 15 days' imprisonment. The Loan and Mercantile Agency Co., Ltd., proceeded against Matthews and Bennett, auctioneers, for the sum of £59 6s Cd, representing damages incurred in connection with a bill of sale held by plaintiffs over 30 cows sold at auction by defendants, on behalf of Arthur Nisbett, of Manaia. In asking that Nisbett be joined as a co-defendant, Mr. H. J. Thomson, who appeared for defendant, stated that in July of last year the! defendants, acting under the instructions of Nisbett, sold certain stock. Sub-! sequent to the sale, and after the pro-: ceeds had been handed over, defendants' discovered that the stock had been nil- j der a bill of sale. The mortgage Company was now proceeding against Matthews and Bennett for conversion of the stock. His Worship granted the application, a;ud the case was adjourned until the next sitting of the court. Mr D. Hutchen appeared for the plaintiff company. CLAIM FOR COMMISSION. Partial hearing was taken in the case in which the official assignee, as administrator of the bankrupt estate of David Charteris, land agent, New Plymouth, sought to recover the sum of £34 from Bertha C. Jamieson. representing commission alleged to be due on the exchange of defendant's farm property at Mangorei for a house at Vogeltown. Mr. C. H. Wilson appeared for plaintiff and Mr. F. Wilson for defendant. | Called by the plaintiff, Charteris said that when the deal was made the understanding was that he should wait for his commission until Mrs. Jamieson wasj ! in better financial circumstances. lie | knew defendant was dissatisfied with the house property at Vogeltown. but he denied having guaranteed to dispose of it to another buyer within twelve months of defendant's purchase, in order ,to qualify for his commission. He had never informed either Mrs. Jamieson or her solicitor (Mr. Wilson) to that effect. The commission was on the usual 2% per cent, basis. Witness admitted, however, having told defendant that lie would do his best to rid her of her purchase. For the defence, Mr. Wilson alleged that the payment of the commission was distinctly contingent upon certain events coming to pass. These, however, he contended, had failed to materialise. 'Mr. Wilson then put in an agreement signed by Charteris assigning whatever rights he had in the matter of the commission to R. C. Hughes in considers- : tion of monies lent. This, he urged, put Charteris "out of court." j At. this stage Mr, Weston interjected . that counsel for Jamieson was raising new grounds of defence In the shape of J the assignment to Hughes. Notice of this should, he commented, have been served on the plaintiff prior to that day's proceedings. Under the circumstances lie would ask for an adjournment. His Worship (accordingly adjourned further hearing in the case until next) court sitting. I