DISTRICT COURT, CLYDE.

Dunstan Times, Issue 618, 20 February 1874, Page 2

DISTRICT COURT, CLYDE.

o—(Before "Wilson Grey, Judge). Monday, Feb. (J. "Win. Brown v. English. Damages 82 1. 10s. ; breach of Contract. Mr. F. J. "Wilson appeared 03 Counsel for plaintiff. Mr. Cowan of Crcmwell for the defendant. This was an action to recover damages for a breach of agreement to deliver five hundred bushels of oats purchased in October, 1873 by the plaintiff from the defendant, and to be delivered at Mr. Mce’a farm, near the White Horse Hotel, Maim, herikia River. From the evidence it ap. peared both parties to the suit are carriers, tbs plaintiff carrying from Dunedin with horse teams, the defendant [carrying be* tween Cromwell and K evis with bullock teams. That plaintiff had taken a load to the Nevis, and whilst there he met defendant, who entered into an agreement to sell him (the Plaintiff) 600>ishols of oats, to be paid for when delivered, and to be received in any quantities. Evidence was then adduced that on plaintiff making a demand for the oats he was refused dolivery, and that in consequence of the refusal, be had to purchase oats for his own use at 9s. per bushel’ For the defence it was urged that, by t’;e terms of the agreement, the oats wore to be taken away and the money paid within two or three days of the purchase, b tas plaintiff had not made an offer to take delivery within ten days, the defendant had res old the eats, and was justified in so doing. It was also urged that no deposit having been paid on the purchase. and "o money tendered when the demand for the oats was made, there was no sale. Mr. Wilson having replied, his Honor summed up and gave judgment for 10/., and Costs, 9/. Ids. I. Carry v. I’. Morrissey. Claim for CO,', for wages, and cash lent. Defendant did not apppear. Mr. I. J. V\ iison, who appeared for plaintiff said, that the defendant had admitted indebtedness, and offered payment at the rate oi 2/. per mouth, this offer his ciient refused to accept, 'flic plaintiff was sworn, and gave evidence as to the claim. The Judge thrugave i; judgment for the amount, and 5/. 25., Costs. J. Molior v. Holmes. Claim 57/, 75., the amount of a dishonored acceptance. Mo appearance of defendant. Judgment for amount claimed, and Costs 41. 3s. [ o IX BANKRUPTCY. Robert Ingles, of Cromwell, contractor, applied for his final discharge. Mr. F. J. Wilsunjappearcd for the bankrupt, Mr. Cowan for opposing creditors said, the case for the opposition was that, the bankrupt who w a good tradesman had for a long time been in constant and remunerative employment, and that instead of applying his earnings rowan’s paying off his debts, he had squandered it in drinking and gambling.

Bankrupt was;snbjectcd to a long, soTer “ and harassing examination, and witnesses were examined. The Order of discharge was granted. F. W. Blew of Drybread, Hose and Tent Maker, applied for final Order and discharge.

Mr. F. J. Wilson said that, this was an application hy the Bankrupt direct, who appeared unsupported hy Counsel. Mr. Wilson then explained that this was a compulsory sequestration, it being on the creditors petition, adjudication was granted ; and further explained that the Bankrupt, through pressure of his principal creditor tiled his declaration of insolvency, he then made offers to compound. The terms not meeting the views of creditors, a Vesting Order, under the Act, 1868, was o dallied, and under it the estate was sold. In reply to a question by the Judge. Mr. Cache (deputy Trustee) said the estate would pay about eight shillings in the pound. The Order was granted. Mr. F J. Wilson applied for an Order for casts in the case. Granted. Hie Bankrupt applied for a sum of money to cover expenses incurred, and maintenance during the progress of insolvency. Mr. Facho objected, saying he saw no reason why the Bankrupt should have remained in idleness. Ills Honor allowed the sum of 101., being about the sum expended up to date of Vesting 1 irdcr. William Insley, of Dunedin Road, Farmer, applied for final Order of Discharge. Mr. F. J. Wilson ‘appeared for the Bankrupt. Mr. Motherwell, a Creditor, opposed. Mr George Fache, Agent for the Trustee, read his report, wherein ho referred to a waggon and harness, a portion of the Bankrupt’s estate being in the possession of a creditor named Thomas Oliver, and asked the Court for an Order to compel Oliver to hand over the same to the Trustee. Mr Oliver not being in attendance, tbs Court was adjourned till Thmsday, Mr Fache being informed he could summons Oliver to attend. Thursday. Fob 19. The above case was called on, and Mrs Oliver, who put in an appearance, stated that her husband was from home, and consequently unable to attend. The Bankrupt was now examined, and said he filed his declaration of Insolvency on November S, 1376 ;on the 20th of tao same mouth ho gave an order whereby Mr Oliver vss placed iu p< rsttricn of the

“ waggon and harness ; ho borrowed money from Mr Oliver, 31)/., for which he agreed to give 0/. interest is July, 1873, ami for which he gave the waggon and harness as security, also, an acceptance for the amount, due October 3, 1873 -A written document jtating the transaction, was drawn up and sisnod bv both parties at the time (document produced).; he gave Oliver possewinn of the waggon and harness, because he wanted it to draw ionic coals wLtfa, and on the understanding that he wount let him have it again when

wanted. His Honor—The document produced is a Rill of Sale; is it registered ? Bankrupt, No. Mr Fnnho said, the document not being registered is void, and from the fact of the waggon, &c, not passing into Mr Oliver’s hands till after tho first act in Bankruptcy was taken, he would apply for an Order to si 11 them pho also explained that the articles were included in a Bill of Sale held 1 y Mr Kazlett, who passed ihcra info the estate rather than incur the trouble of contesting the point with Mr Oliver.*’ , Mr Motherwell, opposing creditor, was ’present, and examined the Bankrupt, but wbh little result. His Honor said, Pc could not grant tho Order applied fir : he yrp’d.hf wever advise Mr Oliver to see the Tinker, and explain to 15m the nature of bis rofspssmn. and informed tPrTniftce tint if the articles were not Prrdid to I‘m, h-’s next course to puisne vas to bring an action in Trover, ir eitl tv tl < litlrct cr tPc Resident Magistrate’s fruit ; pc won’d adj. urn the case till tPc next silting of the C> urt, at ihc fan c t 'n-c wn-ld :-sy if the matter of tho war gm and ha>ne-s was so’t ed by the nextCr.vrt day, tl c Tar.k upt n< oil not.; v.t in mother apjeavai eo. he w m! I rrrnt thr dUrlrvgo on the application of Mr Wilson.