MAGISTRATE’S COURT.
THURSRDAY, OCTOBER 7. (Before Mr. W. A. Barton, S.M.) A LOAN AND AN ASSIGNMENT. Martha Mackrell sued John Colley for £165 15s 7d, being the balance of money lent, with interest. Mr. G. Stock appeared for the plaintiff, and Mr. F. Nolan for the defendant. The case was that in 1907 Mrs. Mackrell made an advance of £749 11s 6d to the firm of Mackrell and Colley, and later lent £SO. Against that there were a number of credits, of which two items, totalling £5 ss, were disputed. Mr. F. Hall had subsequently lent Mrs Mackrell £125, and in security she had given him an order on all money due to her from Mr. Colley. Mr. Nolan argued that the order was an equitable assignment of all monies due to the plaintiff from the defendant, and that therefore she was not the proper person to claim. , Mr. Stock submitted that if the assignor did not bring an action the assignee could do it in the name of the assignor. Therefore, Mrs. Mackrell was right as assignor to take action. Argument having been heard on both sides, His Worship said that in his opinion Mr. Hall was the proper person to take action, the plaintiff having assigned the debt to him. The plaintiff was non-suited, with costs amounting to £4 12s 6d. . A CLAIM FOR RENT.
Charles Rowe sued John Drummond for £4 rent, and for j>osses&ion of premises. Mr. Burnard appeared for the plaintiff, and Mr. Finn for the defendant. Possession having already been given, this portion of the suit was not pressed, and Mr. Finn objected to the joining of the two claims on the ground that possession was given before the summons was issued. His Worship accordingly non-suited the plaintiff. UNDEFENDED CASES. Judgment was given for the plaintiffs in the following undefended case: William Tattley v. William Brown Kennedy, £B, and costs 8s; ‘‘Gisborne Times” Co. (Mr. Blair) v. Chas. Edward Davis, £4 19s, and 10s costs; P. W. Sargisson and Co. (Mr. Bright) v. Patrick John Hofen (by consent), £7 12s, and 13s costs.
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https://paperspast.natlib.govt.nz/newspapers/GIST19091008.2.27
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Gisborne Times, Volume XXVII, Issue 2627, 8 October 1909, Page 7
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349MAGISTRATE’S COURT. Gisborne Times, Volume XXVII, Issue 2627, 8 October 1909, Page 7
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