S.M. COURT.

Manawatu Standard, Volume XL, Issue 7317, 10 June 1902, Page 3

S.M. COURT.

PALMEKSTOIS-—TUESDAY.

Before Mr A. Greenfield, S.M.)

nrtEACH OF THE STOCK ACT.

C. A. Phillip pleaded guilty to a charge of exposing sheep, infeeted^vith lice, for sale in ;i public sale yard at Leviu. Mr Di-ncan, Stock Inspector, prosecuted and explained details in connection with the charge, defendant being fined ,C 1 and costs 7s. The Inspector stated defendant had behaved very fairly in the matter, having allowed the purchaser of the sheep 3d per lieud for dipping expenses. Henry Collis pleaded guilty to a like charge, but stated the sheep had been dipped in accordance with the regulations in -March last. He added lie thought the Inspector had caught the O!ily infected sheep in Hie mob. A similar penally was imposed. CIVIL CASKS Judgment for tho phintiff for the amount claimed with costs was entered in the following umk'ferkk-d eases : ~ Polinugina County Council (Mi- limes) v. A Bruwn, claim £10 18s lid, costs and fee iifis lid; J. Gould (iraukir.s and Loughnnu) v. 1\ Yownsj, claim Xl 11s 2d, costs 255; Mm K. L. Montague (Mr Inncs) v. S. Tins!;, claim £2 11s, costs and lee 2">j Oil; U.F.O.A. (Sir Hnnkinsj v. 1\ O'G-.-ndv, claim £o 11s 2d, costs and fee 2;is 0:1 ; Mr H. Walker (Mr Fitzhcrb.Tt) v. 11. Lavery, clnim; £5 11s 01, ct.s:s fiiid f.--ii 'J.'l-i Oii; Assignee T. Barclay's citatr ('Mr Junes) y, Epernimu, claim tl 10-t eosis 10s G.I; -.-nine v. Tan 1 lawn, claim ,E8 p.; 2.1, cost.? and f.c ;;ti C-l; s-inio v. \V. Cowling, cl-iiin £1 8s Cd tost* 8s; same v. Konata llemtiM, claim .CIO Is, coses and fee ID.: : s-uno v. Hemera tc Whetu. claim

• 1 10-. I't'i-ts 17s. G 1; tituii v. Jlunera Ho!f-ti, i-hin) £:• lls •}■!, ccsu and fee 27s 0:i ; s.i;i;e v. 3{,,i awnnui t? i)n, claim I'll H, -LJ, co .-.: s mrj fun 52-: 0.1 ; W. 11.I1. Smith v. .1. W. Bull, claim £6 !ls, cr<* Riul fee 2:!sli.i; Mrs FrcDui-.tn (ill- l:.n s) v. Mr and Mrs W. New porr, claim .£6 5?, costs and fee 2:Js Gd ; L. Gi.wgi v. U. Ca.i-.sou, claim 9s, coslsos ; Turner ami Turner (Mr Baldwin) v. 0. R. Wilson claim lls, costs 5s ; lv. Smith (Mr Times) v. T. A. B. Hudson claim £60 7s 3d, costs and fee GU (id ; J. P. Lines v. ,). E. Buckniiin claim £2 2s, costs 5s ; Diwiek Bros. (Mr Baldwin) v. J. G. Peters claim £1 ss, costs Us'; same v. Tarawa [Jtiku chii'ii £5 7s, costs and foe '62* ; 11. G. Bothwell (Mr Jlourc) v. Jas. Woods claim £1 14s, costs 5s ; W, Heed (Mr Hankins) v. C. Pearson claim £4 Os 2d, costs and fee 23s Gd ; W. Johnson (Mr Lines) v. A. Bowers claim £2 10s, costs Its. j>j:f>:.s'wki> casks. Agnes Elson (Mr Mooro) v. (Jco. Eison (Mr Pitzlierbert) claim £35, value of jj;oods detained or in tin; alternative their return. The case was heard last Court day, judgment: being reserved till to-diiy, when the S.M. decided as follows : —ln tins case (here was no evidence of conversion. Mr Addision on the law of Torts., page 503, it is laid down, That when chattels of the plaintiff have not been wrongfully taken possession of by defondant but have come into his hands in a lawful manner, he cannot be made responsible for a conversion of them until they have been demanded of him by the owner and he has refused to deliver (hem up. "Whenever, therefore, the goods of ono man luiTe lawfully come I into the possession of another the owner or person entitled to them should go himself or send someone with a proper authority to demand and receive them, :md if ihe holder of the goods ilien refuses to deliver them up, or permit them to be removed there will be evidence of conversion. Iv this case the goods were not wrongfully taken possession of by the defendant, but came into his hands in a lawful manner, and no legal demand md refusal to deliver has been proved. Plaintiff was therefore nonsuited.

Assignee in T. Barclay's estate (Mr Innes) v. Himi "Kan-ana (Mr Baldwin), claim £15 Is. By arrangement with opposing counsel Mr Lines accepted judgment for £10, costs and fee 41s. Assignee T. Barclay's estate (Mr Innes) v. Kerei te Punau (Mr Baldwin) claim £8 Is lid, for goods supplied. Alter hearing evidence of T. Barclay, Mr Baldwin applied for a nonsuit on the grounds that notice of assignment had not been received. The Court overruled the technical objection and gave judgment under the 'equity and good conscience clause for the amount claimed, with costs.

Assignee T. Barclay's estate (Mr Inness) v. Tnti Weti,"claim £11 It-;. Judgment by consent for £2 ISs :3d with costs .62 Is.