MAGISTRATES’ COURTS.

Globe, Volume XXIII, Issue 2175, 14 February 1881, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Saxubdat, Febbttaey 12,

[Before G. L. Mellish and O, Whitefoord, Esqrs., B.M.’s] Civil# Oabbs. Pallant v Birch j Mr Stringer for plaintiff, Mr Gresson for defendant. This was an interpleader brought under the following; circumstances : —ln December, 1880, plaintiff bought the plant, stock-in-trade, and business of a company called the New Zealand Boot and Shoe Manufacturing Company; took possession of the premises they had occupied, and with others under the style of Pallant and Co., has been carrying on the business ever since. Plaintiff assumed all the liabilities of the company, and had so far duly discharged them, with an exception which was the cause of the proceedings that led to the present action. The company had given to G. Hutchinson a bill for £26, which was overdue at the time of Pallant and Co.’s purchase, and which the latter refused to meet. The bill had passed into the hands of Birch and Co., who sued the company for the amount, got judgment by confession, and in due course put in the bailiffs, who now held possession, and plaintiffs sought to restrain them from proceeding ta a sale. Fallant deposed to the above facts as stated. He said further that he had always disputed his liabily for Hutchinson’s bill. Hutchinson, he understood, had received it for work he had net done. The latter had received £l7 and £6 besides the bill, for work done for the company. There had been no assignment of the premises and business by deed to him. All that passed was the agreement put in. John Dorns, a director, of the company, stated that the bill had been given to Hutchinson in September last. That was to be his payment for floating another company which, however, had not been dona. Pallant knew of and be believed accepted the liability. The company had not been regularly wound up; it had simply lapsed. There had been no assignment of the premises to Pallant and Co. E. George deposed that his wife owned the premises in which the business was carried on. They hsd been rented to the company. Did not think the company had been released from their tenancy. He considered they were still liable for rent, although Mrs George had threatened to destrain on Pallant and Co.’s goods. This was the evidence. Mr Stringer said there could be no doubt that the bill was owing by the company, and that the latter had by lona fide sale parted with all proprietorship in the effects' distrained on. The proper course would have been for Birch and Co. to sue the directors and let them afterwards, if they saw fit, come on Pallant and Co., who in that case would have an opportunity to put in a set off. He had one, but it oonld not be brought forward in this action. Apart from the allegation that Hutchinson never earned the money, the assets which Fallant and Co. had bought, turned out to be very much over-estimated, so that even if plaintiff in an action brought by the directors were adjudged to pay this bill, his set-off might to some extent protect him. Mr Gresson said that a good deal of irrelevant evidence had been allowed to be brought in, because he wished that all the facts might come out. The real question was, had the company and Fallant and Co. legally changed places ? Ho tbonght not; there was no winding up, no assignment, and no transfer of lease with the landlord. The case had nothing to do with what was between Hutchinson end the company. The latter owed a debt to Birch and Co, who simply followed them in the usual manner. The Court dismissed the interpleader, considering that as there had been no winding up of the Company the business and effects wore still liable to the processes of law instituted by the execution creditor. Mr Stringer obtained leave till Tuesday next to consider whether or not he would appeal. Professional fee, costs, and expenses of three witnesses were allowed. Monday, Febbuaby 14th. [Before J. B. Parker and B. Westenra, Eeqs., J.P.’s.] Deuhkbhnesb. For this offence Mary Kennedy, alias Wallace, was fined 10s. Johanna Gallagher, alias Connor, Mary Cunningham and four first offenders were fined 5s each. John Wilson, who was found drunk while in charge of a horse, was fined 10s. William H, Oalder, who was charged under the Yugrant Act with being an habitual drunkard, was lot off with a fine of 20s.

LaeCBNT. —James Murphy and Peter Cook wore brought up for stealing beer, the property of William Geddes. The evidence that prisoners were found in Gsddes’ brewery, at Lincoln, on Saturday night last. The prisoners had filled up a fire-gallon keg with beer, which was valued at 11s 3d. Prisoners admitted the charge. The police stated that Cook had frequently been found guilty of vagrancy, and had only lately boon discharged on condition of his leaving town. He had left town, and this was his first operation in the country. There was nothing against Murphy expept drunkenness. He was sentenced to fourteen days’ imprisonment with bard labor. Cook was sent to prison for three months, to be kept at hard labor. A charge against Edward

Wells of stealing from the shop of Yates goods to the value of £4 was postponed till the 16th inat.

Selling Liquob at Illegal Hoitbb. — John Toovey, of the Star and Garter Hotel, was charged with the above Mr Thomas applied for a dismissal of the information, on the ground of the omission on the the part of the police to give a copy of the complaint to defendant, as is required by the Act and as has been the custom always in this district. The case was ordered to' stand over till the 16th instant for the presence of a Resident Magistrate. Assaults.—Elizabeth Simpson and Mary Wright, prostitutes, were charged with assaulting Mary Ballantyne. Two witnesses, however, proved that plaintiff throw a flatiron at one of the women and knocked the other down with a long brass candlestick. The case was dismissed. Angleson Adams was charged with assaulting Theodore Dethior and Isabella Dethier his wife. Theodore Dethier was charged with assaulting Catherine Adams, wife of the defendant. Mr Stringer appeared for Hethier. The parties were all relations by marriage. Adams was fined 20s. The ease against Dethier was dismissed. Miscellaneous.— Comber and Sallet, Jas. Thomas, and Joseph Dawson were fined 10s, and costa 2», for not keeping lights burning on hoardings. S. Dillamore, J. M. Thompson, George Waddington, W. Candy, and James Hawton were fined 5s each, and 2a coats, for allowing cattle to wander. B. Bussell and D. Neavo, for similar offences, were fined 5s and 7s costs each. A case against J. McMahon, for not contributing to support his parents, was adjourned till the 16th instant.