LAW REPORTS.

Dominion, Volume 4, Issue 1006, 22 December 1910, Page 4

LAW REPORTS.

THE VINEGARDS. HISSING BANKRUPT'S ESTATE. • BROTHER AND THE STOCK,_ : ■. The motion in Bankruptcy to -set ssido a transfer of property by Jack (or Isaac) Vinegard, a bankrupt, to '• Jiii brother. 'Abraham ■ Vinegard, • was . again before his Honour tho Chief'Jus'tice in tho Supremo Court yesterday. • Mr. G. Toogood , appeared for tho OlliC'- Ccial Assigned and Mr. Hindmarsh for tho defendant, Abraham Vinegard.' When .the caso was first .before tho Court on November 16; Mr. Toogood ■ stated, "inter alia, that Isaac Vinegard, the bankrupt, had disappeared, and a writ .had been issued tor his arrest. ■ ••••.•Tho property effected by tho transfer took the form of stock in a draper's ' shop in Manners Street. It was con-' ■ tended that the salo of 'this business by . Isaac Vinegard to his brother Abraham was a fraudulent ono. A receipt for £210. witnessed by Mr. Hindmarsh,. i had been given by Isaac Vineyard to •i ( hia brother. No one. doubted that tho ■'money had been;handed over in tho ' presence of Mr.' Hindmarsh,_ but tho creditors were, nevertheless, inclined to. beJiove '.that it had been first secretly -' handed to Abraham in order that'it -'. might be .passed back in tho presence • of a witness. Evidence at that, hearing was to tho effect -that.'Abraham. Vinegard possessed very little monoy, and ho had failed to account for his ownership of such "a sum ss. £240. 'On November 2 tho ' Official Assignee's bailiff was forcibly ejectcd froni lho shup in Manners Street by Abraham Vinegard. -Sineo then a watch had been kept' outside the. shop, • but; no attempt had been made to reenter. .- ■ '■•'■■■ Tho case camo beforo tho Court again oil November 26 and defendant was an. adjournment. on condition . that tho bailiff 6hould remain in poseession, that tiiio business incomings and outgoings should be supervised by: ; - tho Official Assignee, who would hold :;each day's takings;in trust until the ■■V'ca3e' v was decided,'- and that defendant-K-bo allowed £10 out of £50 then hold "by him.for expenses—the balance to bo .<■ held m trust by tho Official Assignee, v. • On resuming yesterday Mr. Hindmarsh' called Patrick Ready, carrier, . > who said, that he had dono carrying for Vinegard when the latter was in busi- ■ ' liess as a second-hand dealer in Tory Street. The .stock was a good ono and . vvi-Tincgard was/carrying on. business in .8 fairly large, way. Statement by Vinegard. ' Abraliam Vinegard : stated that he, ■■■■' bought his brother's business for £240; and paid for it in gold and notes. - 'To :his Honour: Ho kept £40 or ■ '£50 on him, and tho balanco was left -in a box in his., r00m.... It had never been his practicei to bank money: •; 1 To Mr;.. Hindmarsh •..-.-It was convenient: to: have money about him in his business. . His brother, who ' had met with: a tram, accident, told him that ho \'\lwas going away to Ratorua to recruit health, and. offered'him the st-oek, which he (witness) valued at £240. . ,He had always made a practice of "■''..[letting his, brother off at lunch - and .•■ dinner time.' He only did this to obligo . his brother. He knew'- nothing about the books '6r accounts. ■...■■! - Mr. Toogood: Do .you suggest that • this was an .honest transaction? . Do '■'"you.'suggest that you did not • know that_ your brother was bankrupt? !l ->' Witness: "Yes, .certainly.":.. *. Bow. was;. it .that yon v ~ did not tell, various creditors that' you .Jhad bought, your....brother's, business? If':Witness: "They'did not ask mc." ; Mr..Toogood: Did you.'not think.that -•vit was incumbent on jpu aa .ai honest : 'man to tell them?' ... v Witness : "No." Toogood: If'you-had bought tho Hi'business honestly, why. should you not toll them? • • ■.■ | : Witness: ; "They; .didn't'ask me." .. Continuing, witness 'sai'd that "it. wasuntrue that he had been seen serving ; at' otlier than tho 'lunch and dinner hours. He ;had, lie admitted, signed receipts ..for. goods,•' but only at lunch hburs, cnd 'iiever when His brother •; was present. \ . . ' ; Mr. Toogood: I suggest that ' tho goods of- the' creditors were made: over' to vou. ■"■ . ■ . Witness: !"It's not.true.". Mr. Toogood:,Where did vou get this £210 ? - ' Witoess: "I worked for it honestly." . 'Continuing, witness repeated' that 110 . did not bank his money, but kept it a leather trunk in his room. Further, y;.;he could look after; his. money himsolf. ;. He had ■ left • as ■ much as £200 in tho trunk. ... Mr. Toogood suggested to witness : " 'that he had never had £240 in his life, that lie did not have sufficient' Work to keep him, and that his brother was ' helping him. .. . ■M (warmly):, "That is •a • lie." ; Continuing, witness said that>ho >had:earned as much as ■£2 per- week at casual picture-framins for a Mr. Gordon, and. he proceeded" to detail small .' Bums of £s'and £6 which ho had earn- • ed from other employers. In a period of ten months he had bought several lots of; furniture; but ho could not ;: : ,;:,;giye. the 'names of any of the' people ~, ..whom • he made tho- purchases from. Tho sumrof: £240 was:'fair -value" for >; ! goods in the shop. . , './ Mr.- Toogoo<l: I- put it to you that • they_ were worth £500,. Witness: Then you,'would put any--1 thing.':. ; .. . ' .■ ".

"A Steady,, Industrious Man." [V-:\Solomon Gordon, picture-framer, said that ho know Abraham Vinegard,'. who :. ; : was a steady, •;industrious 'man.. He ■ '.knew that Vinegard had.money. : In fact, at times," defendant had lent him -.. (witness) as much',, as."£2o.. ■ \ To.Mr. 1'oogood:/Vinegard appeared fr.-.vto' carry,- tho money about him. ... . Mr. tfiudinarsh addressed the Court 'at .some'length,-and urged that the burden of proof was oa tho Official ;it wa3 all -very well to say '-that : tho. circumstances were suspicious, but the very strongest proof was required.: It was an extraordinary tiling q / 'that no attempt had been made to'get .the bank-book of the other Vinegard. Thoro was not a word of ovidenco that : . Isaac Vinegard had anj money at all. Again, nothing had been done in the i ; ;S(,directioa of getting a valuation of the ; .stock.' " : ' ' ' Mr.. Toojood . quoted authorities to iiy . shoiT that the onus of proof was on the ■J-defendant. He argued that tho Court .V'/'/.-must-.take into consideration the whole ■v ?' yof ; th«' eircumstancea surrounding the case, and • if not' satisfied : with Vineyv -gard's behaviour it would be justified in upsetting the sale. His Honour said that the whole case ..rested on whether tho fact' that defe.'; ..fendant (knowing that his brother was re selling/out the whole of his' business, t and in viow of the fact that.the brother' f V' told him that he .was going to Rotorua) j'f. wm -justified in believing that his I brother was. leaving Now Zealand. His Honour reserved decision until • ... Priday. TIMBER CUTTING RIGHTS. - GISBORNE CASE.' ' Vi'. cutting rights and obligations w '.nnder..a bush lease in the Gisborne disWi trict : formed tho. : basis of certain pro- ::.' i cee<ling3.in tho Supremo Court yester-, day morning before his Honour .the Ohiof >Justiece.The plaintiff,. William [.. ' .' Augustus Limbrick, late of Manaia, but I: W now of Auckland, land agent, asked for " a declaratory order, interpreting certain words in a memorandum of lease given i . ; to. him by Hensoii, of, j .' Gisb&rrie, a&T Edwiii Green,' of Mata-

wai, sheep-farmers. , Tbo . view which tho'plaintiff asked tho Court to* adopt was that, on tho proper construction of tho words, tho lesseo was given tho alternative of either cutting 50,000 ft of timber during each month, or paying royalties 011 that amount, any . exccss payment being credited to him as against future cutting. - • Mr. C; P. Skerrett, K.C., with him Mr. S. A. Atkinson, appeared for plaintiff, .and Mr.. H. D. Bell, K.C., with him Mr. H. Johnston, for defendants. Mr. Skerrett explained to tho court that the question affected a lease of timbered land, and a license to cut timber on other lands. The paint 011 which the interpretation of tho court was .desired was, shortly, .whether tho lesseo had option of cutting tho prescribed minimum quantity per month, or to pay tho agroou royalty on tho minimum quantity per month, and such payments of royalties to bo afterwards deductablo from tho timber when cut.

After hearing legal argument at considerable length, his Honour reserved his decision until Friday.

"Mr. Bell intimated that th<; parties dosired 110 decision in regard _ to the question' of costs, these having been agreed upon.

THE CASE OF GINI ANGELINI. OTHER SIDE WINS. The hearing of ovidcnco in tho action Gini Angolini, labourer, v. Carlo Antico, settlor, was resumed before his Honour tho Chief Justice yesterday afternoon. Mr. A. H. Hindmarsh appeared for plaintiff, and Mr. Q. P. Skerrett, K.C., with him Mr. H. Johnston, for defendant. Tho action revolved round certain deals between tho parties, who aro relatives, by marriage, tho particular point being in regard, to whether Antico had ■authority, to niakc ran investment of certain nioney for Angelini in a syndicate to take up 31 acres of land at Paekakariki.- :The claim was ' originally for £288 ss. 6d., but, as stated at tho original hearing, this_ amount was reduced by cortain admissions. Antico stated, in . tho courso of his evidence, that ho purchased a share in the Paekakariki Syndicate, the understanding being that tho price should bo'£loo an acre, and that the syndieato could cell out in-from four to six weeks for £150 per aor®.--. He explained the position to Angelini,. and, the latter agreeing, witness paid over £200 to the syndicate,' being £100 for himself and' £100 for Angelini. Angolini subsequently'paid tho money back to witness. His Honour said that clearly the weight of evidence was against Angelini on tho main claim. It could not be said that his name had been used in the.-transaction as. a form only. On tho first branch of the case Antico was entitled to .succeed. This loft a contra account in dispute between tho parties, and his Honour held that a receipt put in by. Antico indicated that a complete sottiemont had been arrived at, and, in 'the interests of Angelini, lie thought that the account should not bo disturbed. . Judgment was entered up for defendant Antico, with costs on tho lowest scale. ...

MAGISTRATE'S COURT.

< (Before Mr. W. Gv Riddell, S.M.) ALLEGED HOUSEBREAKING. Bernard Alfred Gifford, a middleaged man, said to bo a plumber by trado, was' charged with theft, on November 11, of a step-ladder valued at 305., tho property of Smith' and' Smith, Ltd: Thero was a further charge of breaking and entering, on December 19, 'tha'flwellinghouso of James Dickson •Siefffiright, oft;jy,e!3ington Terrace, and .Sfcoaling l.thorcfrOHi a lady's cold watch; a'' gold granny "chain,, a 'gold-mounted greenstone; pqnflant, aiid two gold rings, of a total, value of £29. .Chief Detective Broberg applied for a remand,on both charges', u,ntil Decomb'er'29, and this wa's'granted. Mr. C. R. Dix, on behalf of accused, asked'for bail", .which, was-'fixed'at £100, and two sureties of. £50 each. VAGRANCY. . . Jano M'Donald,/an elderly woman, Was fcharged with 'drunkenness, and with •being '-a rogue and vagabond without lawful means of support. Accused, who pleaded guilty .to both' offenccs, had been arrested in a disorderly' houso -in Douglas-Wallace Street. Thero were 23 previous convictions against her for various offences, and she was sentenced to a year's imprisonment. l _ Isabella Edwards, alias Willis, who had been arrested along with tho. accused, M'Donald, was also cliargcd with drunkenness, and with being a rogue and a vagabond. Thero were 15 .previous convictions against her, and she was also scnt-cnccd to a year's imprison-, ment. THEFT OF BOOKS. ' An o]d man, named Samuel Fabey Dunning, pleaded guilty to'a'theft of two books valued at 55., ..tho proporty of the Wellington Sailors' Rest Committee.- There were seven previous convictions, against accused, - five of thom .being for, thrift. . A sentenco , of . ono month's imprisonment was imposed. FINED FOR ASSAULT, Patrick James Griffin, appearing on bail, was charged with unlawfully assaulting Patrick Grattan Warren. .Tho case had been partly heard on Tuesday, when a remand was grantod, in order -that ovidenco for; the defence-might bo called. When the, case was .reopened, Mr. C. K. Dix, counsel for accused, called evidence with a view to showing that Griffin, had been acting. in self-dcfeuco when ho struck Warren. .

• The Magistrate "was of opinion that ; accused had used unnecessary violence, but as ho had received provocation, and on account of tho friendly relations between Griffen and Warren, his Worship considered that it- was riot a .caso for a heavy penalty. A'fine of 20s. was imposed, in default, seven days' imprisonment. INSOBRIETY. .... . David .Taylor, charged, with drunkenness, was deemed to be an habitual inebriate, and was sentenced to 21 days' imprisonment, a prohibition order to issuo against him. One first-offending inebriate was fined 55., with the alternative of 24 hours' imprisonment, and another first offender was remanded for medical treatment until December 28. CIVIL BUSINESS/ (Before Dr. M'Arthur/S.M.) ; CLAIM AND COUNTERCLAIM. Evidence was concluded yesterday in the civil action in which Richard Patrick Flanagan, cab proprietor, claimcd £45 18s. 4d. from Thomas Patrick Lyons, cab proprietor, as : wages. There was a counterclaim for £40, and several 1 alternative counterclaims ■ for smaller ! amounts. Mr. A. Blair, appeared for plaintiff, anil Mr. H. L. Machell for defendant. Decision was reserved until "January 12, 1911. JUVENILE COURT. Iln tho. Juvenile .Court yesterday, four boys, were charged with stealing from an orchard a quantity of apples, valued at £2. A caution was administered to the lads, and the father, of each was ordc-red to pay os. to the, owner of tho ! orchard., A fifth boy was charged with receiving stolen apples, but, the chargo was dismissed. ■ -/.. - ■