CHATTEL SECURITY

Hokitika Guardian, 3 September 1930, Page 3

CHATTEL SECURITY

TCW' • • } A ; AN INTERESTING CASE. lio- _ \ JUDGMENT FOR PLAINTIFF. If -T- . _ : ! I AUCKLAND, Sept. 1. j|j'/-.Judgment for plaintiff was given ’>iby : his ..Honour Mr Justice Herdman .--4 n the Supreme Court this morning in .a civil case. The plaintiff was - -Arthur Cleave, of Auckland, .lonni- ' .'hfis't (Mr. A. 11. Johnstone), and the I ’defendants wtre the Commercial Loap 5 ? %tnd -Finance Company, Ltd., (Mr ’Goldstiiie). f Honour 5 said that plaintiff uvas of a building at the corner pfj and Chancery Streets. He part of the basement to NarehfV Khushai Naik for ten years for t.he puipose of a Turkish hath. On, February 11 last, Naik owed at teast '£lOp ; for' rent, and a meeting 'of, Ids creditors became necessary. to tlie knowledge of plaintiff, who in company with others wefft-to the-premises for the purpose of‘ distraining for rent due. A Lai 1iff/iWfiSj appointed, and he proceeded the chattels. The chattels 'seized-'were the subject matter of an ■fnktrument by way of security to seby defendant company, . together with £35 interesl. Tlie Manager of the defendant compniiv determined to seize the chattels a/ssigned to his company. They were removed and sold', for £35. His Honour said that, plaintiff was entitled to relief if be proved his case. He had proved that he 'was "Naik’s landlord, and that £IOO tffdyvtpent'. was owfing. He had also proved that a distress warrant was made in accordance with the’law, and that tlie chattels were impounded or secured by his bailiff. His Honour ’held tftat ua. third party had no right to iriVadd tlie landlord’s pound, and, erfye judgment- for plaintiff foi AIM 9s 6d, which was three times the value of rite" costs. 'lt iW ■ iinderstod' .•.-that - -tlie - - defendants wilj’appeal - against his Honour s judgment. .