GRANVILLE HUNT'S CHATTELS.

Dominion, Volume 5, Issue 1549, 19 September 1912, Page 2

GRANVILLE HUNT'S CHATTELS.

WRONGFULLY SOLD. Mr. Justice Sim delivered reserved de-' cision yesterday afternoon in. an action brought to recover possession of certain furniture allegedly part of tho bankrupt estato of Granville Hunt, who was formerly <i commission agent in Wellington, and who (subsequent to his bankruptcy) was sentenced lo imprisonment on criminal charges arising out of his business transactions. Tho evidence in the case hall been heard at the recent civil sessions. The parties were the Official Assignee, plaiutili', and Henry Feilder and Co., furniture dealers, of Manners Street, Wellington, defendants.

At tho hearing Air. M. Myers appeared for the Official Assignee, while Mr. C. 15. -Morison, with Air. 1). Smith, appeared for Feilder and Co.

In the statement of claim it was set out that in March, IMO, Granville Hum purchased from Fielder -and Co., furniture priced at J3U 16s. 7d. Between -March and May, Hunt paid the sum of .£'so on account. On August 9, 1910, Fielder\nnd Co. (it was alleged) wrongfully took possession of the furniture and removed it from Hunt's residence.

• On August 22, 1010, the Official Assignee was appointed by the Supreme Court to be receiver and manager of Hunt's estato and nine days Inter Hunt was adjudged a bankrupt.

The Official Assignee then demanded possession of the furniture, and, as Fielder and Co. refused to deliver it, a claim was now made to recover possession. In the alternative a' sum of ,£2OO in lieu thereof • was demanded. Three alternative causes of action were set out in the statement of claim.

Fielder and Co., in the' statement of defence, admitted that they had removed the furniture, but denied that the .removal was illegal. They asserted that they had removed the furniture under au agreement with Hunt entitling them to do so. This agreement ivas entered into by' Hunt because Fielder and Co. had brought pressure to bear on h-im, and had-threatened him with legal' proceedings, the intention being that the furniture should bo sold and the proceeds of tho sale paid to' Fielder and Co. in satisfaction of bills due to them by Hunt. ' In giving judgment, his Honour, after reviewing the evidence, expressed the opinion that no definite and conclusive agreement was ever' made with Hunt for the sale of the furniture. Therefore the furniture was wrongfully sold. It was not necessary to disouss the other grounds of the claim.' Judgment' would be for the Official Assignee for ,£Bl 9s. (the. amount rtealised at the sale), with costs on the lowest scale.

ARBITRATION COURT. MORE OF DRIVERS' DISPUTE. Hearing of evidence in tho Drivers' dispute, in which a Dominion award is sought, was continued in tho Court oi Arbitration, before Mr. Justice Sim yesterday morning. Messrs. Win. Scott (employers) and J. A. M'Cuilough (employees) were associated with his Honour.

The unions concerned in the dispute were represented by Messrs. H. Hunter, of Christchurch, Geo. Davis, of Auckland, and A. Barlane, of Wellington. Thoso employees who had been cued,wero represented by Mr. W. l'ryor, of Wellington, and Mr. F. B. Winstone, of Auckland. • The districts concerned with tho "disputo were: Wellington, Canterbury, Otago, Auckland) Napier, Gisborrte, I'almorstou North, and Wanganui. The demands oi tho union were tor a week of-47J hours, tho daily work to fall betweon the hours of 7 o,;tn. and -7 p.m. on five days of the week, and between 7 a.m. and noon on whatever day. the weekly half-holiday was observed. .For drivers- of one horse, a minimum weekly wago. of £2 14s. was asked, for drivers of two horses £2 18s., and 4s. per week extra for each additional horse. Tie usual provisions wero sought in respect to casual labour, overtime, holidays, underrate workers, and preference. Counter-proposals wero , submitted by the employers. They, agreed that a week's work 6hould consist of 47J hours, and were willing that stable attendance should be restricted to nine hours per week, but they suggested that the minimum wago should range from £2 3s. to £2 Bs. per week.

On Tuesday tho witnesses called by the. union had been heard and Mr. Pryor had made his opening address on behalf oi tho employers.

When tho hearing was resumed yesterday witnesses were heard in support cf the employers' case. Evidence was completed at 3.30 p.m. Mr. Pryor then addressed tho Court. He first of all stated that nono of the evidence at the hearing had disclosed dissatisfaction on. tho part of the men. Tho whole thing was, he declared, a secretary s dispute.' Not only w'ere tho'drivers themselves satisfied with the conditions of work, but there wero others (getting nominally higher wages than these men) who were anxious to tako up positions as drivers. .The employers welcomed a Dominion award, because they believed that, under it, they would be getting nearer to something like pence. They hoped, however, that if any increase wero made, it would apply only to the four centres. They were strongly opposed to .any further restrictions in the matter of preference.

Mr. Hunter (union representative) followed. He pointed out that the wapes offered in the counter-proposals of the employers were equal to Bd. per hour if stablo attendance, etc., were included. The employers ought to blush at what they had offered. All that the union was asking was that drivers should get what was known as a living wage—a wage that would enable them to maintain their wives and families in comfort, and save a little for a "rainy day." A carter was only wanted while ho was in'his prime. It was a strenuous occupation in which only the young and the strong were desirablo, and it was rather hard if they could not save something against a possible period of unemployment. ' The Court reserved decision.

TYPOGRAPHICAL. This morning, the Court of Arbitration will be occupied with tho hearing of tho typographical dispute. It is sot expected that this dispute wil be disposed of before to-morrow evening.