RESIDENT MAGISTRATES' COURT.

Wairarapa Daily Times, Volume 2, Issue 70, 28 January 1879, Page 2

RESIDENT MAGISTRATES' COURT.

j ' 1 Fkatherston, 24th Jan, 1 (Before H. S. Wardell, Esq., R.M.) ■ , C. Revans v.,W. McKeever-Claim, L2O. Mr Benrdfor plaintiff, Mr Parker for defendant. Before the business of the Court was proceeded with, Mr Beard called his Worship's attention to a report, in the Wairakapa Daily of 23rd inst. upon the case J. Gurr v. 0. Revans, whicli lie felt was very far from S correct one—containing word's which were hot used by his Worship, His Worship said that certainly his decision was not given upon the'grounds repre- • sentcd, .liov did lie hint there was any desire on , the part of the defendant to mislead the plaintiff, 1 Both plaintiff aiid defendant are Com- ■ mission Agents at Featherston, and had entered into an agreement to divide the commission which might becomo payable to either of them in respect of a piece of land belonging to Mr Gurr and placed in I their hands for sale. Plaintiff sold ~the ) land for £2OO but paid to Gurr 0n1y.,£150 ' claiming the balaneo. of £OO as his comI mission, out of which McKeever, under ■ pressure of legal process, was paid his moiety viz £25. The vendor, however, recently obtained a verdict against the | present plaintiff for £-10, thus reducing j the present plaintiiFs profit or commission to £lO,-and so tho present action was ; brought to compel the defendant to rej fund the sum of £2O as his moiety only ously paid' liiln hi errojr. ' ) Messrs Gurr and Revans having'been examined and cross examined at ; full length, Mr Parker raised a preliminary objection to the action, arguing that the money having been paid in mistake of law ; and not in mistake of fact, could not be recovered, Several connter-cases having been cited by Mrßeard whoreplied that the money was ' paid not in mistake of law but that it was . simply a .question of amount. His Wor-. r sliip overruled the, objection: and the case j proceeded. ;Mr .McKeever was then , examined but as the facts of the agreement [ as to dividing the commission and the I receipt of £25 from Revans were admitted , the case came to a speedy conclusion, ! Judgment for amount claimed L2O and i costs of court 18s, but no order was made t as to professional costs, as tho Court con- . sidered this case to'be of.an exceptional character. , ■ ■