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Tue 20 Sep 1921 - The Sydney Morning Herald (NSW : 1842 - 1954)
Page 6 - DISTRICT COURT.
DISTRICT COURT.
(Beforo Judgo Curlewis )
PROM1SSOR1 NOTES
Hearing was coneludod of tho case in which
Charles Frederick Snell, of 20 Castloreagh
streot, Sydney, timber merchant, sued Francis
James Searle, of Faulconbridge, and Lawronco
Georgo Moncrieff, of Faulconbridge,' sawraill
ers, John Wallace Easson, of Woolwich, mer-
chant, and Hardwoods, Ltd., of Woolwich,
timber merchants, for the recovery of
£232/11/1, alleged to bo the amount of pro-
missory notes made by tho defendants Searle
and Moncrieff in favour of tho plaintiff, and
endorsed by the defendants Easson and Hard-
woods, Ltd., and unpaid. Judgmont by do
fault had already been obtained against the
dofendants ¿earle and Moncrieff; the defend-
ants Easson and Hardwoods, Ltd., pleaded
that notice of tho dishonour of the promls
hory notes had not been glvon to them within
a reasonable time after such dishonour. Mr.
R. G. I. Dont appeared for tho plaintiff; and
Mr. Tucker (instructed by Messrs. Creagh and
Creagh) represented the dofendants~"vEasson
and Hardwoods, Ltd.
His Honor gave a verdict for the plaintiff
for £50/8/4 against the defendant company,
but not agaiust Easson, lu respect of the
first promlbsory note, and a vet diet for both
defendants in respect of the other P.Ns.
OXFORD-STREET COLLISION.
This was an action brought by Frederick
Alexander Lultey, or 60 Now Canterbury-road,
Petersham, hnrbo trainer, against George Mil-
ler, of Allison-road, Randwick, motor car body
builder, for £100 compensation for injuries to
n trotting horse, occasioned, It was alleged,
by the negligence of tho defendant in the
control and management of a motor car,
which collided with plaintiff's horse, which
was attached to a sulky in Otford-streel,
Paddington, on February 2S last. Plaintiff
claimed that-as a result of the Injuries it
had sustained the horto had become useless
as a trotter, and so depreciated in value.
The dcfendnnl denied the alleged negligence.
Mr. Maclicn/.lo (instructed by Mr. C. II. Eddie)
appeared for tho plaintiff; and Miy Hardwick
(instructed by MY. R. A. Monro King) repre-
sented the defendant.
By consent, bil Honor gavo a verdict for
the plaintiff for £55.
PRESENTED AND DISHONOURED.
This was a caso in which Tabrotts, LtxL,
of Claronco-slreot, Sydnoy, sought to recover
from Roy Nell, care ot N.S.W. Fruit Ex-
change, Sydney, £76/5/,", including Interest
in rospect of two promissory notes tor £50
and £25 respectively, each dated March 15
last, drawn by tho defendant in favour of
tho plalntuTB or ordei and payable one month
after date and also tho sum of £100/7/ in-
cluding interest, in jesiieet of two other P Ns '
oí £50 each, elated March 13 last drawn by
tho dofondant in favour of the plniatlffs, or,
nider, ritid prjitblo thtce nionthb after date
It was alleged that the P Ns had bein duli
presentee' for payment and ilHhonourctL The I
défendant pleaded never indebted, ou the
ground that there) was no consideration fiom
tilt, plaintiff for the making of the 1'Vs Air
llootou (Instiacted by Messrs B Keith Cohen
and Walker) appeared for tho pliiutiftb, and
Mi David Touly for the defendant ]
The nutter is part braid
(Bofoio ludgo Scholes) I
A COMMISSION CLMYl !
Percy Ciegory Sharpe, of 107 Pltt-btreet,
Sidney, catato agent, was the plaintiff In au
action agiinst J J Henri, of J32 PItt-streor,
Sidney, tailor, 'or the recovery of £-'/IO/,
alleged to bo the amount due by the dofondant
for commission in respect of the lotting of
certain premises in Liverpool-street, and tho
sale of the goodwill and stock-ln-tiade on the
said premises Ihe defend int paid £16 into
Court in respect of tho plaintiff fa claim for
that sum, being tho amount of commission |
on £230, at which price the liase was sold,
and the amount (£70) for which the nttlniT>|
wero disposed of at the rate of 5 per cent
As to the balance of the claim he, denied
that tho plaintiffs, xvore entitled to charlo
commission on the Hist jears rent of the
assigned lease in addition to commission on¡
tho sale of the Ir aso and the goodwill and
stock-in-trade Mi Voung and Mr Collins i
(Instructed by Mi S Al Stephens) appearel
for the plaintiff and Mr Staccv #(instructei
by Messrs Clayton .tnd Tit?) for 'the d«fen
dant
His Honor held that tho amount paid into
Court was sufficient to cover the plaintiff t.
claim, andjie, thcroforo, gavo a verdict iori
the dofondant