DISTRICT COURT.

Temuka Leader, Issue 1544, 19 August 1886, Page 1

DISTRICT COURT.

Timaru— Monday, July 16tb. (Before Ills Honor Judge Ward). The following bankrupts were granted orders of discharge Samuel Burrows (Mr White bn behalf of Mr Aspinall); John Gibson (Mr White); Denis Hoare andMaryHoarc (Mr A. St. G. Haraersley); Frank Connell (Mr Tosswill); Henaro Kokoro (Mr White) ; George Austin Morris (Mr 0. T. H. P«rry). Ophelia G baon's proof of debt in the estate of Beniamin Gibson, R. 11. Pearpoint, Job Brown and other proofs of c[ebt in the estate of J. L. Cooke were admitted. / v. ! ..

Mr Knubley applied on ( behal£ pf !the Deputy Official Assignee to sell the bjook debts and of. the .'business of Mogridge and Wiltshire, bankrupt^. 7There being no opposition Hia Honor granted the order as prayed. i In re John Bell, deceased. ‘Mr Hay ; applied for probate to be granted to the executor and executrix under the vyitl.. His Honor application; " - ! The civil caste’ of Michdel Oorkery v, the Canterbury Fanners', Co-operative Association Haifa £ 168 was' then Jaken. The Solicitor for plain tiff 1 in opening jthe case said (hat tfib pa r ticulara of claim Were that ih March, 1886, the plaintiff, era-., ployed defendant as his agent - to |sell grain for ! him' for certain reasonable commissibn and reward, to he p id by; plaintiff to the defendant, upon the tefms t that the latter should obey the lawful and reasonable orders of the plaintiff to the defendant, upon the terms that [the latter ‘Should obey the lawful and; reasonable orders of the plaintiff iDjrespect of the sa'e of the grain ; tha|i in March plaintiff sent to the defendant a large quantity of red chaff and Tuscan wheat for sale by the defendant ;oh' account of the plaintiff. In May, 1886, the plaintiff ordered the defendant hbt to sell any of the wheat until on or ab'put the Ist July, 1886, but Respite this, the defendant, od or about the 2Qth May, sold 960 sacks of the red chaff wheat, containing 3840 bushels} at 3», 4£d per bushel. On the Ist July, 1886, and for at least a week before, and a week after that date, the plaintiff alleged the red chaff could have been sold at the rate of 4s 3d per bushel; and therefore by the defendant’s act in selling the wheat in contravention #f the plaintiff’s order, the latter: had lost £l6B, being the difference between 3s 4£d per bushel, the price at which the- said 3840 bushels of wheat were sold, and 4s 3d, the price at which the-wheat could have been sold. Evidence was called, in support of this statement. ‘ ... | The evidence of Geo. Shirtcliffe, the Manager: of the Association; was to ■ the effect that certain advances were:nulde to the plaintiff on certain wheat stored with the Company, and on the ,12th May defendant instructed the witness to sell the wheat at3s 4d all round. The wheat was then sold to Messrs Friedlander Bros, at 3s 4|d on the 20th May, and plaintiff was advised of the sale on the 20th and 26th. Cn.tbe 17th May plaintiff confirmed bis instructions to sell the wheat all round at 3s 4d. 'On the.7th: June , the plaintiff said he had given instructions not to sell till the Ist July, and witness said tljat was the first be heard of the date man- ; tioned, producing a book wherein he had taken down plaintiff’s instructions regarding the wheat. Plaintiff denied that tlipy were bis instructions. ;t j The jury found a verdict for plaintiff for £152, and judgment was entered pp for that amount. Leave was given to Mi White to move for a nonsuit at the next sitting of the Supreme Court at Titnarp, in default of which judgmeut to stand jas entered up. : I On Tuesday Messrs White and, ,Cjo, applied on behalf of the Assignee to set aside a' bill of sale given by Thomas Dooley, a bankrupt, to Michael Mullin, gentleman, of Timaru. Dooley wds'fpr some 17 mouths licensee of the Woodbury Hotel, and secured an advance of £BOO from Mullin to carry on business with, , giving as security a bill of sale over his furniture and other property, .Dooley getting into difficulties, Mullin seized’, and sold, and nothing was then left for the other creditors. After ’ hearing a great deal of evidence, a short' adjournment was granted, and a settlement vas arrived at between the parties. The. case was then withdrawn. i

JJJJJMr Hamersley applied for solicitpr’e coats in the estates of Mary Hoare and Thos. Dooley, and the papers being , all in propel fornij Hia Honor granted the application. ' I The Court then adjourned. 1