MAGISTRATE'S COURT.

Taranaki Daily News, 3 September 1919, Page 6

MAGISTRATE'S COURT.

(Before Mr W. R. McKean, S.M.) RESERVED JUDGMENT. The Magistrate gave judgment 'in the case of Wooldridge v. Crocker, a claim /or JCI l'o 12s lOd for overhauling a motor car. The amount of .670 which defendant had offered it was agreed should" be treated as if paid into, court. Ia regard to the balance his Worship, said he was of opinion that £he amounts charged on the itemised account were excessive. He adjusted the charges in accordance with the evidence given and in doing so made the total amount of the bill £75 3s 9d. He therefore gave judgment for plaintiff for £5 3s 9d, with costs amounting to f5 9a. Mr A. A. Bennett represented plaintiff and Mr A- H. Johnstone appeared for defendant.

.. POSSESSION OP A DWELLING. Eliza Ridland (Mr H. R. Billing) applied for an order for possession of a dwelling house, occupied by Mr and Mrs J. H. Demchy, .and for £6 rent due. Mr. Billing said the house in question had been sold by plaintiff to Mr and Mrs Va a, who required it for their own occupation. The agreement for sale and purchase was made on March sth, to be completed about April sth. Defendant was given proper notice on June 12 to fji)it the place in one calendar month. The position now was that the place in which Mr and Mrs Eva were living had been sold anjl they were required to give possession on September Ist.

| Mr Johnstone said the cose was one of genuine hardship. Defendant had a wife and six children. He was employ- <•('» on the railway. He doubted if it would be possible to get a house of the kind that would suit defendant in New Plymouth at the present time. Defondant had tried, and be6n quite unable to secure a place. He admitted he had no legal claim on the house, but Mr Johnstone asked the court not to turn defendant and his wife and children out on to the street. Perhaps if he had more time a house could be found.

Mr Billing admitted the hardship, but pcinted out there was hardship on the purchasers of the house, and in mat rase those who had the legal right to the house should have the consideration.

In reply to the Magistrate, Mr. Billing said Mr and Mrs Eva had- not received legal riotiee to vacate the place they ere in He also said that he liad been instructed'that Mrs Eva had on one occasion pointed out an empty house to defendant.

On this point Mrs Eva was called to give evidence and she stated that on cue occasion she went with Mrs Ridland to see Mrs. Deinchy, and when she commenced to tell her about a vacant house Mrs Dcmchy banged the door in her fn.ee.

Cross-examined by Mr Johnstone, witness admitted she had never seen o jf spoken to Mr Dcmchy on the matter. The housfi she had told Mrs Demchy about had since been occupied. She did not know where there was a vacant house such as would suit defendant; in fact, since the experience of having (ho door banged in her face by Mrs Demchy she had not troubled to inquire or look for a placeHis Worship made an order for possepsion to be ;»ivcn in five woi>ks. An order was also made for the amount of £6 for rent with £1 lis costs.