DISTRICT COURT.

Globe, Volume XXIII, Issue 2141, 5 January 1881, Page 3

DISTRICT COURT.

, Wednesday, Janttaby 5. [Before His Honor Judge Ward.] COOPER V THB QT/BBN. Mr Spaokman appeared for the plaintiff, Mr T. S. Duncan representing the frown. Mr Joynt, on behalf of Mr Duncan, for the defence.

This was a claim of £67 5s lid, for goods ■old and delivered. The facts of the case were generally as follows: —The goods mentioned in the claim, being a quantity of sleepers of the value aforesaid, were sold to the Stores Department by one Hamilton (at that time a bankrupt, and the money due on them was paid by the department to Mr T. B. Oraig, trustee in bankruptcy, who retained the money. The plaintiff alleged that Hamilton sold the goods on commission for him (Cooper) ; that application had been made through plaintiff's solicitor for payment of the money, whioh was refused. For the defence, all the material allegations were denied, defendant also contending that the goods, when sold, were not the goods of plaintiff, but that they were the property of T. B. Oraig, a commission agent, held in trust for Hamilton, a bankrupt. In examination of Coopor, junior, it appeared that Hamilton had givon him two billß of sale over certain of his property, including the sleepers mentioned in the present ohim. Mr Spackman tendered in ovidenoo a bill of sale to Cooper, which contained a power of attorney, but the deed not being stamped according to law, it was objeotod to by the opposing council. His Honor directed that it could not be put in ovidenco till stamped. Mr Spackman suggested that bills of sale were excepted by statute. His Honor admitted that, but pointed out that tho exception did not inolude any other instrument, whioh required stamping, and might bo inserted in tbo body of tho bill of »ile.

Mr Joynt objected to the case being continued till tho necessary proceedings were taken to lognlino the plaintiff 's position. On the assurance of Mr Spackman that the amount of tho fees (€5 10s) would be paid into Court before the case finished, the Court pormittod tho examination to proceed. The money was in a fow minutes forthcoming, and handed to the clerk of the Court. The evidence was thon continued, Cooper being cross-examined at Bomo length and reexamined by Mr Spackman. Alfred Q-. Hamilton was next examined. He admitted selling the goods on behalf of Cooper, but did not sell in hio name, nor did he demand payment for them in Cooper's name. lb was in consequenoo of tho bills of gale to Cooper that he filei his insolvency. At the time of the bills of sale being given his debts amounted to more than the value of his property. Other witnesses were called, and Mr Spackman gave evidence that be, by instructions,

had called upon Mr Kerrow, of the Stores Department, whom ho informed that ho (M.r Spackman) appeared for Cooper, on whoso behalf ho claimed the prico of the sleepers. Mr Kerrow then told him that he had received a letter from T. B. Craig, claiming the mom y as traateo in the bankrupt estate of A. G. Hamilton. Walter Stevons, in charge of the Store JJepartment of tho roilway, was examined as to ttio purchase of tho sleepers from Hamilton. [Left sitting.]