MAGISTERIAL.

Gisborne Times, Volume XXVIII, Issue 2745, 25 February 1910, Page 7

MAGISTERIAL.

THURSDAY, FEBRUARY 25

(Before Mr W. A. Barton, S.M.)

CIVIL BUSINESS

Judgment by do/ault for the amount claimed was giver, in the following undefended eases: — Margaret Currie (Mr Nolan) v. Herbert Lyons £l2 lis 6u, easts £1 10s 6d; Same v. Tuahinc, £1 15 ; > 3d, costs 10s; Samp v. Riki Hook,, los 3 costs lus, Peter M. Hansen (Mr Barnard) v. Chris Binder £2 8s 3d, costs 10s; Miller and Craig (Mr Bright) v. Richard Clifton, £1 10s 7d, costs 6s. 3 CDGMENT SUMMONSES.

James "Whinray (Mr Stock) v. George Banks (Air'Finn). Ail order vyas made for the immediate payment of the balance of debt £5 10s, in default 6 days’ imprisonment. James Whinray (Mr. Stock v. William Charles Whitfield (Mr. Burnard). Mr Burnard stated that the judgment debtor hud to pay 15s pel week to his wile, and had net been working much lately. In the .present claim ijc was willing to make an offer of 5s weekly. His Worship ordered this, the first payment to be Ss on Monday week, ana 5s per week afterwards til! the amount, £ll 13s, was paid, in default 12 days’ imprisonment. . Reid and McCullough '(-MrBright) v. Harry Gordon (Mr Bernard). Mr. Burnard said the position was somewhat peculiar. The debtor had earned money anti had about £-10 coming to him from contractors. He was willing to pay this to the creditors m this case, but there were- other debts, amounting to about £2OO, and Mr Burnard did net think he should pay one m full. He had had bad luck on the Coast, but now was on a sound contract and was willing to assign the £-10 over to Ins creditors. Mr Burnard proposed to call a meeting of the debtor’s creditors and have the matter explained. Mr Bright asked that the debtor should be examined, the debtor said his average earnings per week since the jud-'ment was not more than £2. He had'paid £lO to Reid and McCullough Hiior to the judgment. He owed about £2OO. Re was a carrier and had five horses, which he used in a borrowed diav. There was security over the hori-es. He had received another summons. two weeks ago, for £8 10s. A; > urn of £ !0 was due to him" by a firm of com:actors and this would no doubt be •paid in a few days. He was willing that this should be paid to the creditors, but in an equitable manner. He was a- married man with three children, and had to pav 12s per week rent. To Mr Bright: He bought & horse about three months ago lor £oo, on a hill, through Messrs "Williams and,Kettle. None of this amount was paid. His horses were worth £l4O, and there was £IOO owing on these. £SO of this was what he owed on the horse bought through Messrs "Williams and Kettle. He had also borrowed £SO from Mr Bred Hall. He had no other judgment debts. Since the judgment he had boon paying his storekeeper and landlord, hut could not recollect what he had done with the remainder of his money. The case was adjourned till March 24, to allow debtor to prepare a statement of expenditure.

APPLICATION TO TAKE EVIDENCE.

The evidence was taken in the case of the International Harvester Go. (Mr Nolan) v. E. Al. Hutchinson (Mr Stock) of the defendant, Air E. Al. Hutchinson, Mr A. E. Wnchsmann, 01 liver Davis Evans, manager for Mr .Hutchinson, and. Thomas Ellery, storeman for Dnigetv and Co., Gisborne. The action was in relation to a binder for which Mr Hutchinson had signed an order at the last Poverty Bay Show. Defendant said the order was only signed subject to the approval of his manager. The manager rescinded the order 7 but the binder was sent to Opotiki. Air Evans had let a contract for the cutting of the crop at Opotiki. and it was pointed out that he would not have done this had the (binder (beenon order. The witnesses Ellery and Evans both stated that the agent for the Company had been under the influence or liquor when he saw them, but would have been able to conduct his business. Defendant’s costs were certified to at £4 Is, and plaintiffs at £2 2s.