DISTRICT COURT.

Globe, Volume XXII, Issue 2122, 11 December 1880, Page 2

DISTRICT COURT.

ASHBUBTON. Feidat, Decbmbeb 10. [Before His Honor Judge Ward.] W. FBBGUS V W. 8. PBTEES. Mr Purnell appeared for plaintiff, and Mr Q-. Harper for defendant. This was an action to recover tho sum of £195 19s 2d, alleged to be due on account of the wrongful conversion by the defendant of a quantity of oaten straw and wheat belonging to plaintiff. It appeared that the plaintiff, who is a carrier living at Alford Forest, rented from defendant 163 acres of land for cropping purposes. In 1879, when the crops got ripe, plaintiff asked defendant's leave to store the wheat in his woolehed, and also to stack the oats on the land on which it had grown. Tho defendant gava his consent to this arrangement, and allowed a part of the wheat and oats to be carried away by plaintiff, but subsequently hindered his men from removing them, and hence the action. The defence was that the wheat had been placed in the woolshed as security for rent which the plaintiff had not paid, and the sum of £22 9s had been paid into Court as the price of the stack of oats for which plaintiff had claimed payment. The witnesses for the plaintiff differed ks to the quantity of oats in the stack, one estimating it at 20 tors, another at 30 tons, and another at 40 tons. The overseer of the defendant deposed that he had weighed the oats and found there were only 6 tons, 4cwt. and 121bs in it. His Honor in giving judgment said he would allow for waste, &c., and add 4 tons to the result of the overseer'*

measurement. The plaintiff was not entitled to recover for the wheat stored in the woolshed, as it was evidently put thoro on account of the rent. Ho would give judgment for £42123. ■ATODBBB 8808. T. D. W. IBVIHB. This case was adjourned for one month on the application of the plaintiff. IN BANKRUPTCY. Final orders of discharge were granted to Joseph Ward, W. H. Robinson, F. P. Le Broton, 0. J. Truckle, and S. Holland. IN BE J. SMITE. This case was adjourned for one month. IN BB J. FLBTCHEB. The debtor was ordered to appear for examination at the next sitting of the Court.