Supreme Court.

Taranaki Daily News, Volume XLVII, Issue 7758, 9 March 1905, Page 2

Supreme Court.

CIVIL ACTIONS. ' 'lhe session of tho Taranaki Su- ( prcme Court was- continued at New Plymouth on Wednesday, when the . civil list was' commenced. Air Justice Kilwaids occupied the JJeiich. j —Settlements.— In the action brought by W'eddell and Co. v. the ligmont farmerI nion, a claim for £21)87 (is Bd, tie balance of monies advanced agains consignments, .Mr J. 11. Fisher, <.i Chrislchurch, who appeared for the plaintiff, announced that the parti, i had arrived at terms of seUlemei t as per the memorandum !'•]"'!, In ori.er tint tile lu.iUi.l' . I r.i e coin-- <-'. l»" adjour.ime.it w„s sire.l until .lU' e 11! .e. t. 5 r J; ■, if We'PmvUm, lipveiire.'l lo l-'piese t the defendant company. I A similar application was made in tile case oi the Egniont Fanners' I nion v. A. A. Fanlham and 11. Jiailey, a claim f. r indemnification in respcet of the e1; : • i made by WVddcll ami Co. in' reguivi to Weddell alia Co. v. the lCgmont Farmers' l : nion. His Honour granted adjournments in both matters. —Debtor a Bankrupt.— Matilda Charlotte Valentine v. A. 11. Aitken, claim for specific perform- j ance and damages ; assessment 1 of damages. Mr .f. K Wilson, counsel j for the plaintiff, stated that he had' received intimation that the defend-' ant had been declared a bankrupt the previous day. He asked that the! matter should stand over until he; had an opportunity of conferring 1 with the Deputy Official Assignee. An adjournment was granted. —A Stratford Case.— J. 11. Robson v. T. F. Moore and others (removed from the S.M. Court, Stratford), claim for £l.">l, salary and expenses. Mr Malone, for the plaintiff, explained that the parties had arrived at a friendly settlement. The case was therefore struck out. —Disputed Possession.— Margaret O'Shea sued J. .1. Sonimers for specific performance and damages. Mr T. H. Crump, of Klthani, appeared for the plaintiff. The facts oi the case, as stated by counsel, were that defendant had been the registered proprietor of three sections situated near F.lthum, holding the land under lease in perpetuity. On Nov. -<1 last he was adiudicated a bankrupt at the llawera District Court. In due course the land was publicly sold by the De- : puty Ofiicial Assignee, and the plaintiff became, the possessor of the three sections for the sum of £!!7o, subject to ,a mortgage oi £l4O, making the toial purchase money £">ls. The purchase money was duly paid over by the plaintiff, and the title completed on Jan. -■'! of this year. Notice was served on defendant on Jan. !J on behalf of the

D.0.A.. and again on Jan. 2ii, to| give up possession. Defendant. how-| ever, still remained in possession,, and intimated on several occasions] that lie would not leave the proper- 1 ty until compelled to do so. The present claim was for possession to be handed over to the plaintiff, and. for £.")0 damages through loss oi occupation since Jan. 9. Tile defend-j ant, counsel said in conclusion, admitted the plaintiff's litle, but de-

nied any unlawful possession or los of profits. Alfred Mcdarry. auctioneer, carry ing on business at Elthain, gave ev deuce as to tile sale of tile properl to plaintiff, and other particulars lie considered plaintiff hail paid fair value for the lease in perpeti ity. Michael A. O'Shea, son of th plaintiff, also gave evidence. Di fendant had several times refused t vacate the property. On one occ« sion he said to witness : " Neilhc you nor yours shall ever stretch ; wire on this properly." Later o he exclaimed : "May God Almig-hl strike me dead here in the dust you or anyone belonging to you \vi ever enjoy this farm as long as am alive." His Honour : Surely there must 1) means under the Bankruptcy Act t compel a bankrupt to give up poi session to the Assignee? The a< would he ridiculous otherwise. Mr Crump explained that the coi ditions of sale relieved the Assigni of any covenant to give direct poi session. The witness, continuing, estimate that the properly. 31} acres in e> tent, would carry 20 cows. Th produce of each cow would realis from 20s lo 25s per month, grosi The ijrolit to be maile out of calvt and pigs he calculated at £lO fe two months. L. Nairn, fanner, estimated tha the property would produce abou £l.-> ijer liionth in dairying, an calves and pigs. From this shoul be deducted £5 a month for or man's wages. Thos. Walsh also gave evidence a to : the 'defendant puhlicjv statin that he would not budge. J. J. Sommers, the defendant, di posed that he objected to give u possession as he. considered the pri perty had not been properly sold, a it ought to have realised much mor than the plaintiff paid. Further, h had a sick wife, and children, ami h had no oilior homo to take thei to. He tried to tent a house inn O'Shea, and instead oi a civil n ply got a summons ior £2(l dan ages. He also thought thai as tli Deputy Ofiicial Assignee had sold th farm over his head it was his plat to put hiim out. Witness tried t find a house to rent, but was unabl to secure one. Those were his re; sons for remaining in possession. His Honour said he was strongl of opinion that this' proceeding wa unnecessary, his impression bein that another proceeding should hav been adopted. There was no doul: that defendant was in illegal pos session, and he must vacate at onci He advised defendant that he lia better do so quietly, as il was n use kicking against the pricks. 11 would, if he insisted, only involv himself in additional expense wifhou avail, and suiter the ignominy of bi ing put out by the shoulders by th Sheriff's men. No doubt he wouli be able to find some shelter to gi to. An order to give up occupatioi was made, His Honour reserving hi; decision as to damages and costs un til the following day. —Bankruptcy Appeal.— Mury Ilurke, wife of Ainin Burke who was adjudicated a bankrupt ii November, lyoa, lodged an appeal against a decision given by District Judge Kettle, in the" mutter o Amin Darke's bankruptcy, ordcrinj the applicant lo pay before Jan. 10 1900, to the Ofiicial Assignee th< sum of £225 found to have been ex pended and paid on 'behalf of tin bankrupt, and taken out of his c» tale in the purchaSo of section 68 Onuita, in the name of Mary Burke together with £3l 19s Gd, costs in cidental to the proceedings. Mi Hutchen appeared for the appellant, and Mr Quilliam on behalf of the respondent (Official Assignee). The facts- were that Burke and Sons formerly carried on business in

New Plymouth. The grounds 011 which the appeal was made set out that the judge decided erroneously ; that the evidence did not establish the fact that Ihe property was purchased with money from bankrupt's estate ; and 'that the judge wrongly excluded certain documents and evidence tendered on behalf of Marv Burke. Sir Ilufchen opened the case at length, quoting voluminously from the evidence previously taken. Mr Quilliam having replied to the arguments raised, His Honour reserved his decision. —Adjourned Will Case.— The action, S. A. Trott v. Geo. Henry Morey and others, to set aside a will, was adjourned until the j June sessions. —A Question of Costs.— i ! In the case of A. S. Wilson v. I. Jamps Sharrock and wife, a claim] for one month's occupation, Mr A. J. Wilson, for the plaintiff, staled ' that lie had been advised that the ' Department had given up posses- 1 1 session 011 Monday, In the circum-i 1 stances plaintiff waived the claim' for compensation, but asked ior an j order ior costs against Mrs Sliar- ' rock, who had been the only one of, ! the "two defendants served with a'' writ. No defence to the action had | s , been filed, and costs were claimable, j! His Honour declined to grant costs! until notice of the application fori cost h lind lieen served 01) the defend- I j ant. If plaintiff did not; wish to let the matter remain at that, an ap- s plication for costs should bo set j down for the next, sessions. —Government Compensation.— ( Mr Malone, who appeared for the 1 plaintiff in the action 'brought by f George Moir against the Minister for Public Works, a claim for £s9s I'oS compensation for land resumed at Kltham for rifle range purposes, | announced that tlvo case bad been 1 scltlcd out ui Ctfuj t, 1

; —Alleged Slander.— I). McGregor v. Arnold Van A sell (adjourned from September, l'JOl), claim for 1000 damages for alleged slander, This case was further adjourned to the June sessions, ■ owing to the illness of counsel for the plaintiff, Mr Burnicroft, of Wun- ' ganui. I —Chambers Husincss.— ; The following mutters have been deufi with in Chambers A motion on petition for the removal of the liquidator appointed . ill re the New J'lymouth Co-operative Society, Ltd. (In liquidation), and i appointment of another, was refus- . Ed, tho grounds of application not. being- sulliciently strong-. Probate was granted in the will , of the late William Itassett, and the . Into Jeremiah Hunter. I Thi' Court adjourned to lO.i'o this f morning, when Ilis Honour will dist pose of the remaining Chambers business.