RESIDENT MAGISTRATE’S

Poverty Bay Standard, Volume IX, Issue 952, 11 June 1881, Page 3

RESIDENT MAGISTRATE’S

COURT, GISBORNE. Friday, June lOtil, 1881. [Before M. Price, Esq., R.M.] BANK OF NEW SOUTH WALES V. H. E. webb . (Interpleader). Mb. Wabd for plaintiff, and Mr. Rees and Mr. Nolan for the defendant. Mr. Ward raised a preliminary objection that no security had been given to the bailiff. This was overruled, and Mr. Rtes stated the circumstances of the case. It appeared from the discussion of the question for about two hours, between the Court and Counsel that Mr. Webb had executed a bill of sale —in the ordinary course of business, to Captain Chrisp —over the printing plant, to secure the payment of £96 odd. The document, however, was not presentable, having been forwarded to Auckland for registration. Counsel for plaintiff sought to color the proceedings as of a collusive character, between the parties so as to frustrate the rights of his client. Several witnesses were examined at length, the result of which was that His Worship put Jthe thing “ into a nutshell.” He held that the transaction between defendant and Captain Chrisp was perfectly bona fide, to his mind. He should adjourn his decision until to-morrow (this) morning ; and if corroborative evidence is adduced, either by the arrival of the bill of sale itself, or other proof of it having been sent for registration, he should order the withdrawal of the proceedings. Costs would be divided between the parties, because he thought Captain Chrisp’s adviser should have offered greater facilities to Mr. Ward in his endeavor to find the particulars of the bill of sale.