MAGISTRATE'S COURT.

Taranaki Daily News, Volume LVII, Issue 238, 17 March 1915, Page 3

MAGISTRATE'S COURT.

CIVIL SITTINGS. The usual weekly sitting of the Magistrate's Court was hchl yesterday. Mr. . Crookc, S.M., presiding. UNDEFENDED CASES. Judgment by default was given .for plaintiffs in the. following undefended cases: J.C. Spedding Ltd. (Mr. A. 11. Johnstone) v. Win. Skipper, claim C2 l(!s and cost liis; AVliitaker & Sons (Mr. ]{. C. Hughes) v. Daniel Kcenan, ,C2 (Is lid (costs lfls) ; Annie Rundle (Ml'. 1!. 0. Hughes) v. Wm. Ingley, .CB7 Is 10d (costs ,£5 (is Cd). JUDGMENT SUMMONSES. In the. judgment summons cases Kitchen (Wanganui) v. A. Cumberland Mc Deffhell, lljere was no appearance of judgment debtor, and an order was made for the payment of the amount claimed Cll 17s, before March 23rd, or in default 12 days' imprisonment. Mr. A. E. Standish appeared for the plaintiff A DAMAGED DRAY.

A claim for the cost of some repairs to a dray and also tlie shoeing of a horse occupied the court. Wm. Harvey, for whom Mr. H. H. Quilliam appeared, sued Carlin (Jill, 'of Pungarehu (Mr. A. If. Johnstone) for .CI 12s (id. The plaintiff deposed that he was a blacksmith in Pungarehu. On June 20th, 1!)11, a Maori named Maki Kai brought defendant's horse and dray to the shop, the former to be shod and the latter to be repaired. Witness charged the work to Hill, in accordance with the Maori's instructions. He forwarded the account in August, but defendant took no notice, and witness placed the account in his solicitor's hands in March, 1(112. Later, witness saw defendant, who said that the work should have been ehariied to the .Maori. ITe would have sued sooner, but the Maori had

left the district and could not be found until recently. Tn cross-examination, plaintiff stated he bad done a. lot of work for defendant, and it had always been paid for up to the present account. He had never rendered an account to Maki Kai, and had charged the work to Mr. Gill oil the instructions of the Maori. Maki Kai deposed that he had borrowed the horse and cart in order to cart a little firewood. The cart was broken wliej) witness obtained it, and defendant had asked him to take it along to Harvey's for repairs when he had.finished with'it. After carting half a load of wood, he took the drav back to defendant. who instructed him again to take it to JTarvey, and also to get the horse shod. Later, witness left the district. and returned in September, 1014, Tn February defendant wanted him 1o write to Harvey and say that he had broken the dray, but, as he had not done

so. he refused. Tn cross-examination, he denied that lie had broken the drav. This closed .plaintiff's case, Defend- yi ant was not present, to give evidence. Mr. .Tofinstone submitted that the Maori had damaged the drav after he borrowed n it, and had taken it to Harvey's for re- p pairs. Tll the absence of defendant's evidence, the Magistrate said that he must give judgment for plaintiff for the amount claimed with costs £2 Is. j A QUESTION OF NOTICE. James Lewis Perry (Mr Roy) sued Albert Millman (Mr. A. H. Johnstone) for .C 3 iis, being one month's rent of a f house in Devon Street East, Xew Ply- * mouth, in lieu of notice. Plaintiff, wdio is rather deaf, deposed that he had let a house to defendant at 15s per week on terms that required a . month's notice on cither side. Witness left the collection of the rents to Messrs Roy and Nicholson: TTe had received no notice from defendant when he vacated the house, and the first, intimation he had was when he noticed that the house was empty. * To Mr. A. TI. Johnstone: The agreement was made at plaintiff's residence. He did not know defendant was an assisted immigrant. The rent was paid weekly, in advance. Athol 1!. Wilson, a, elerk in the employ of Me a srs Roy & Wilson, remembered a young girl coming with the rentbook and saying something that he could not understand. As it was not his duty to take the money, ho handed the book to Mr. Elliot ' Victor Elliot, accountant, gave ovi- ? dence that tin? rent was usually paid j to him. He hnd received no notiSe from Millman, and the girl had said nothing to him. To Mr. A. H. Johnstone: When de- I fondant came at a later date, he said that he had given a 'week's notice. Owing to an error in the rent book, it appeared that the rant was paid up to January 20th, whereas it was paid up to January 18th. Albert Millman. a native of Devonshire, said that shortly after he arrived in New Plymouth, -in May, ,1914, lie saw Mr. Perry with reference to'renting the house, and lie distinctly told him that lie could only agree to a, week's notice, as he had only obtained a temporary job and did not know how long he would be in Now Plymouth., Some ' time later, when a second-hand stove was put in, Mr. Perry asked him to take the house for twelve months, also the sho]i underneath, hut witness refused to do so. TTe sent his daughter along to give notice, and in due course he gave up possession. To Mr. Crooke: On January IS a clerk from plaintiff's solicitors waited on him and asked for the key, but witness said he would take it down on the morning of the 20th. Next day two letters from the solicitors. Air. Johnstone said the actual question was as to the first agreement. "Mr. Perry was very deaf, and apparently misunderstood the defendant, who was not in a position to afford a monthly tenancy. Mr. Roy said that defendant- was to blame in not having given proper noti.'e. If there was no agreement, it would come under the heading of uncertain duration, and would require a month's notice. His worship said there appeared to f.-c misunderstanding all round. It, was certainly unlikely that a man iu Millman's position should agree to a month's liolt ice. ami. in view of Mr. Perry's deafness, he could easily have misunderstood what Millman really said. But no proper notice had been given, and he must find for plaintiff for one week's rent and fis costs. THE SANI T A S n.\nii)!;Hssixf! and shaving SALOON. Opposite Railway Station Gates, Devon Street, Central. Only first-grade workmen for our Saloon Work. Large and varied assortment (new stocks) of Tobacco, Cigars, Cigarettes, Shaving Soaps, and all toilet and skin preparations, etc. Razors and Strops—the Best Makes. Razors re-set anrl sharpened at short no A. jj-A.^tlett Proprietor,