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MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. CIVIL BUSINESS. 4 The weekly sitting of the Magistrate’s Court, New Plymouth, was held yesterday, Mr. T. A. B. Bailey, S.M., presiding. Judgment for plaintiff by default was given in the following claims: —P. B. Fitzherbert (Air. L. Etherington) v. Eruiti, £l7 10s, costs £3 9s; Fulton and Sole (Mr. C. H. Croker) v. Sarah Marsh £34 19s 2d, costs £4 5s 6d; Amy S. Lock (Mr. Croker) v. Pearl Coates, £2' 15s, costs £2 3s 6d; Fitzherbert and Fitzherbert (Mr. Etherington) v. Te Rawhiti Rourangi, £l6 10s, costs £3 13s; same v. Hokianga Te Whena, £7B Is 9d, costs £5 19s; H. A McCleland (Mr. A. Lawrey) v. Ben Hunter, £4, costs £1 3s 6d; Purser’s, Ltd., v. Joseph; Martin, £5, costs Bs. On a judgment summons from Whan:garei, Peter McKinnon was ordered to pay Olaf E. Stout the sum of £B5 Is on or before April 18, in default two months’ imprisonment. Mr. H. R. Billing appeared for the judgment creditor. CHANGING HOUSES. A claim for possession of a tenement was preferred 'by R. J. Cock (Mr. R. H. Quilliam) against Albert Loveridge (Mr. H. R. Billing). In explaining the circumstances for plaintiff, Mr. Quilliam said Cock owned two houses, one being situated on the beach, and the other in the town. At present he lived in the beach cottage, but wanted to shift into the other owing to his daughter’s ill-health, as the beach did not suit her.. He offered to let Loveridge into the beach property. Plaintiff, in evidence, said that hi's daughter had been ordered not to live on the sea front, and he produced a medical certificate. The beach cottage was 30 x 24, divided into four rooms, with scul-

lery. Mr. Billing said the case for the defendant was that it would be a matter of undue hardship for Loveridge to move out. He pointed out that defendant had a. family of eight, and there were no conveniences of any sort in the cottage. The children ranged in age from 18 years to 18 months. Defendant said he had tried to secure a suitable house, but had not succeeded. Cross-examined, he admitted that all the steps he had taken to secure a house was to enquire from land agents. His Worship made an order for possession to be given within three weeks. A SALE OF CATTLE. Hearing was continued of a case begun some weeks ago, in which Henry Gable, of Paeroa, and formerly of Ngaere, claimed from Noble W. Hill, of Hillsborough, the sum of £52 by way of damages for alleged breach of warranty in connection with the sale of some cattle. Mr. A. Coleman, of Stratford, ap-

peared for plaintiff, and defendant was represented by Mr. F. E. Wilson. According to the statement made for plaintiff earlier in the proceedings, the transaction under review extended back till May, 1919. About that time Gable desired to purchase some dairy stock, and in company with the Farmers’ Coop. representative (Partridge) he proceeded to Hill’s property. Hill was told that defendant required in-calf sound cotys, and quoted his at £22 per head, at which price Gable subsequently bought. Later, when three of the cows came in, •Gable found that each was blind in one quarter. After a number of representations to defendant, who made no reply, Gable sold the cows through an auctioneering firm, and they realised £6 per head. The claim was for the difference between the price paid and the amount realised at the sale, plus £4 for grazing.

The defence claimed that no warranty had been given. In tl|e course of evidence, defendant said when he signed the sale note the form was blank, but Partridge (agent for the Farmers’ Coop.) said he would fill it in. Witness signed it merely as a sale note. Evidence was concluded, and His Worship will give his decision after the legal arguments have been submitted in writing.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19210412.2.56

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, 12 April 1921, Page 6

Word count
Tapeke kupu
659

MAGISTRATE’S COURT. Taranaki Daily News, 12 April 1921, Page 6

MAGISTRATE’S COURT. Taranaki Daily News, 12 April 1921, Page 6

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