A WHEAT SALE

Evening Star, Issue 21752, 21 June 1934, Page 11

A WHEAT SALE

LITIGATION IN SUPREME COURT Before His Hpnour Mr Justice Kennedy in the Supreme Court yesterday an application was heard by William Francis M'Cabe for a charging order niri against- his brother, John Loserian M‘Cabe, to be made absolute. Mr J. P. Ward appeared for the plaintiff (William Francis M'Cabe) ; Mr W. Ward for Alice Power and the Perpetual Trustees, Estate, and Agency Company, as the executors of the-late Martin Power; and Mr A. N. Haggitt for the garnishee (the Wheat Purchase Board). Mr J..P. Ward, who said he proposed to move that a charging order nisi be made absolute, stated that he had received notice that other persons claimed to be prejudically affected by the making; of the order. , His Honour: What is it that is in dispute—the £47 13s 8d paid into court? Counsel: Yes. His Honour: it is whether your client is entitled to that amount or the persons represented by Mr W. Ward? Mr J. P. Ward: That is so. Counsel went on to say | that the ownership of some wheat was the point at issue. The amount mentioned was the proceeds of wheat sold by the defendant. He took it that he would simply move the order and leave it to the other side to show cause why matters should not proceed. • Mr \V. Ward said it was a case where possibly there was me slight ambiguity arising in respect of a family arrangement. The wheat in dispute was grown on the property owned by Miss Power and the estate of the late Martin Power, the trustees of the estate being Alice Power and the Perpetual Trustees, Estate, and Agency Company. Mrs M'Cabe, the wife, of the defendant, was Mrs Power’s sister, and she went to look after her sister at the farm when the latter was ill. Her husband went with her, and the farm was run for the trustees by Mr and Mrs M'Cabe. The evidence would show that they were carrying on the farm under an arrangement whereby they were to get any profits if there were any. The wheat was grown and sold, and by some means the name of J.. M'Cabe was put on the docket. M'Cabe would deny that the wheat was his or that he had any right to it. Everything on the farm belonged to the estate, which was liable for rates, interest, and any outgoings connected with the farm; Evidence for defendant was given by John Loserian M'Cabe, farm labourer, Palmerston, and Douglas J. Russell, local manager of the Perpetual Trustees, Estate, and Agency Company. For the plaintiff, Gordon Sutherland, accountant at Messrs Dalgety and Co., gave evidence. His Honour said it appeared that with Air and Mrs M'Cabe, or with Mrs M'Cabe—it did not matter with whom —an arrangement was made to carry on tho farm upon terms of the profit, if. any, going to Mr and Mrs M'Cabe. 'the farm comprised certain stock and implements, and no special arrangement was made with them. He’must hold that the proceeds of the wheat were the property of the estate, and the application would be dismissed. No costs would be allowed to tho defendant M'Cabe as against the plaintiff. Mr Haggitt applied for costs on behalf of the Wheat Board, and His Honour granted £2 2s costs out of the amount paid into court. Costs of $2 2s were allowed the Perpetual Trustees Company against the plaintiff.