DISTRICT COURT.

Oamaru Mail, Volume IV, Issue 1319, 9 August 1880, Page 2

DISTRICT COURT.

THIS DAY. (Before Hib Honor District Ward. IN BANKRUPTCY. In re George Robert Warnes.—Mr. Balmer moved for an order of dischargesGranted. In re George Ward Draper.—Mr o'Meagher moved for an order of discharge—Granted. In re Henry Honor.—Mr. O'Meagher moved .for an order of dischargo— Granted. In re Patrick Macauley. —Mr. Balmer moved for an order of dischargo— Granted. In re William Morgan Southan.—Mr. Hislop moved for an order declaring a deed of assignment completely executed— The order was granted. Inre Thomas Murdoch. —Mr. O'Meagher moved for an order for the payment of' costs out of the estate —The order was: granted on condition that a" bill given as security for costs should bo endorsed to the trustee. In re Richard Arnold.—Mr. Newton applied for an order for the payment of costs out of the estate—Ordered to Btand over. In re Patrick Nihil.—Mr. Newton ' applied for an order for the payment of costs out of the estate —Ordered to stand, over. i CIVIL CASE. I Alfred E. Cameron v. Charles S. Allan;,, as Creditors' Trustee in the bankruptcy estate of G. A. Harris Claim ZMT 12s Gd. Mr. Balmer appeared for the plaintiff,, and Mr. Newton for the.defendant. The plaint set out that a portion of the sum claimed was for money payable by the defendant to plaintiff for feeding horses and cattle by tho plaintiff for the defendant at his request; the balance being for money payable by the defendant for the defendant's use of tho plaintiff's messuages and lands. The defendant pleaded a general denial £ that the horses and cattle wero not fed at, his request ; that the messuages and lands were not the property of the plaintiff ; that he did not use tho messuages and lands, and had never promised to pay tho plaintiff for the use of the said messuages and lands.

A large amount of evidence waß taken, the gist of that of the plaintiff being that, he was the lessee of stables and paddock: rented from Mr. G. A. Harris up to the* time of his bankruptcy. After Harris" bankruptcy the plaintiff took the stable® and paddock from the Hon. R. Campbolll. At the time of his doing so there were one or two horses belonging to the estate of Harris in the paddock, and shortly afterwards four or five other horses wore put in the paddock. They continued to run in the paddock until the date of the, sale. He could not give the exact dates,, as he had not his books. The produce of: the garden was used in the hotel, which* had been taken possession of by Mr.. Leggett on behalf of the creditors. Thei plaintiff olaitned 5s per week for tbe use. of the garden. He claimed the amount; as justly due to him. His Honor remarked that unfortunately the plaintiff had not established his claim. He had not fixed a single date, but everything had been stated at " about" a certain time.

In reply to Mr. Newton,, the plaintiff said that Leggett had asked plaintiff's permission to put the horses in the paddock, but had made no arrangement for doing; so. Harris had never paid anything forthe use of the garden. He never charged! Harris anything for paddocking the* horses,. as they were never paddcckedi unless he (plaintiff) was using tliero. The: garden was originally planted by and afterwards by Leggett. He (plaintiff) was claiming 5s a week as rent for tlso garden, notwithstanding that it was only a portion of the paddock, for which, with the stable, he was only paying LI a month. The garden was specially fenced off. Ho (plaintiff) did not fonee it off. The defendant, in his evidence, said he had never given Leggett any instructions to look after anything but the hotel, and if Leggett had put the horses into the paddock, he had done so without his (Mr.. Allen's) authority. He did not know that, the horses were in Cameron's paddock,, and had no intention of incurring such ai charge for paddocking the horses, whielu would have been better running oat om* the common. He never had any idea o£ paying for the use of the garden. At the close of the plaintiffs caße, Mr. Newton said he did aot think thcra was any case to answer* His Honor said he did not think there was any case at all. The plaintiff had charged a number of weeks and a number animals, but had not fixed either dates or numbers. If he neglected to bring his books into Court he must take the consoquences. If the counsel for the plaintiff intended to take any further action in regard to the case, he iiad better apply f° r a non-suit. Mr. Balnjer elected to adopt this, courso, aud a non-suit was returned.