DISTRICT COURT.

South Canterbury Times, Issue 2303, 4 August 1880, Page 2

DISTRICT COURT.

TUIAIiU—YJiSTJiEDA\

(Before His Honor Judge Ward). CIVIL CASKS. Allan and Stumbles v. Harbor Board —Claim, £283 os, money due for services rendered. Mr Hamersley for plaintiff; Mr Perry for defendant. This .case had been adjourned from the previous day to allow Mr Perry to consult his clients. Mr Perry said he had advised the Board to let the case stand as it was and to make no admissions. After the expression of opinion from his {Honor as to the construction of the contract, the Board would be prepared to test the question in any action the plaintiffs might bring before the Court. He could not say the Board would pay the £155, but he had every reason to suppose they would. Mr Hamersley asked if His Honor would refer to his notes, and state whether the claim was not for extras, as ■provided for in the contract, or whether it was a fresh contract. His Honor said the claim was no part of that contract. It was simply for the carriage of cement. Mr Hamersley submitted that the , carting of cement was not part of the

contract but clearly an extra. The work had been ordered by the engineer and was quite distinct from anything specified in the written contract. His Honor replied that a receipt haying been given for all extras the claim for cartage must be outside the contract.

Mr Hamersley said he would ask the case to bo adjourned to enable him to show that extra work could be done under the original contract. His Honor said he would hare to decide against him on the application. Mr Hammcrslcy—Then I shall immediately bring another action.

His Honor—That is another matter, Mr Hamer, l dey. Mr Hamersley asked that he be allowed the costs in this action. His Honor said it was with extreme reluctance he had to give a nonsuit in this case. The evidence before him showed that it was the duty of the Harbor Board to provide cement on the works, and that a fresh contract for this work had been entered into through the Engineer, which had afterwards been repudiated, and advantage had been taken of the Act by the Harbor Board, through their counsel, to resist payment of the claim. He would enter up a nonsuit for the plaintiffs with costs against defendants. IN BANKRUPTCY. Be John David Kogcrs, a debtor. Mr Tosswill applied for an order of discharge. On the application of Mr White, who wished that the debtor should bo examined, the case was adjourned till Thursday. Be Jas. McCaughey, a debtor. Mr Perry moved for an order to transfer the proceedings to Oamaru. Mr Hamersley opposed. After some argument it was agreed that the application should stand over. An application to have the bankrupt’s papers forwarded to Oamaru was granted. Be Jonathan Simpson Derby. Order of discharge granted. Be Walter Allan. Order of discharge granted. Be James Moore. Mr White applied for an order confirming a resolution which had been passed at at a meeting of creditors accepting a composition of 5s in the £. The order was granted. The Court then adjourned until eleven o’clock this morning. THIS DAY. Creditors’ Trustee in bankrupt estate of W. Allan v. King—Claim £l3l, for detenue of goods and special damages. Messrs Jamieson and Hamersley appeared for plaintiff, and Mr Perry for defandaut. All the witnesses were ordered out of Court.

Mr Hamersley briefly opened the case for the plaintiff, and called Walter Allan who deposed—l was owner of the Three Springs station. On dune 7 last I took to the defendant’s stables one chesnut mare valued £4O and gelding £3O, a double seated buggy £65, a double set of harness £2O, and two horse clothes. When I took them to the stables they were my property. 13y Mr Perry—The signature to the bill of sale produced is mine. I purchased the buggy from Mr Barrett, the horses from Mr King, the harness and horse clothes from Mr James Crawford. I would give £4O for the marc now if I had the money. I used the horse for my girls. He is now a little “ still;.” The acceptance produced I gave for the buggy. I paid for the horses by cheque (produced). I left a horse with King’ to sell for me, the value of which was deducted from the cheque. On June 29 I took delivery of the lot from King’s stables. Between May 27 and June 7, the date on which I tiled, the horse and buggy were on the station.

By Mr Hamersley—The horses were kept in m}' private stable, where another horse was kept. I had a farm about three miles away from the station.

Robert Kenned}', bailiff of the District Court, deposed—Un the bankruptcy of Walter Allan, I seized two horses and a buggy at King’s stables belonging to him, and Mr King kept possession of them till the trustee was appointed on June 22.

By Mr Perry—l would not swear that I produced the warrant to Mr King. D. M. Boss deposed—lam trustee in the estate of Waiter Allen. Immediately on my appointment I interviewed Mr King and asked him for the huggy and harness belonging to the estate of Walter Allen. I was subsequently informed by Mr King that he could not give up possession of them, as they were claimed by the National Mortgage Company. I again demanded the buggy and harness from Mr King, on the morning of the meeting of creditors. Mr King refused to deliver them. By Mr Perry—l was appointed trustee on June 37.

This closed the case for the plaintiffs.

Mr Perry then reviewed the case for the defence, and called, James King, who deposed—l am a livery stable keeper and defendant in this present action. I know the date Allen filed. On that day he put two horses into my stable. Their value would be about £35 or £4O, one buggy, £lO, and set of harness, £l2 or £ls. This property was demanded from me by the trustee in Allen’s estate (Mr Boss). Previous to this the Manager of the N.M. Company had spoken to me about them. In consequence of what the manager told me I refused to give them up to the trustee. The letter produced 1 received from Messrs Perry and Perry, giving me notice to hold the property for the N. M. and A. Company. I sold the horses to Mr Allen on Juno 29, 1878.

'William Wood McKenzie deposed—l am manager of the N. M. and A. Company, Timaru. Since the execution of the bill of sale produced, the Company have advanced to Allen about £22,000. I saw the defendant, Mr King, about June ( J, and gave him notice to hold the horses and buggy in his possession, belonging to Allen, for the N. M. and A. Company. JohuMcCaw deposed—l am a station manager residing at Canniugton. On May 27 I was present at the Three Springs station, and acting under the authority produced 1 gave the men working on the station notice to look to me in future as the manager of the station on behalf of the N.M. Agency Company. I told them I would pay them in future. I read the authority over to several of the men, including Walter Allan. Walter Allan was not on the station when I seized, but he returned in ihe afternoon from Albury with the horses and buggy now in dispute. I instructed a man named Ford to keep charge of the horses and buggy for me. From May 23 to

June 5 Allan was about tbe Three Springs station. He did not interfere with mo in the working of the station. I had occasion to go to Caimington on June 5, and on my return on June 8, I found the horse and buggy were gone. I did not give anyone permission to take them.

By Mr Jameson—l was on the station on May 2G. I was absent from the station but I did not depute anybody to keep possession for me during my abscencc. [Left sitting.]