RESIDENT MA GISTR ATE'S COURT, LAWRENCE.
(Before W. L. Simpson, Esq., Kit., und Alex. Stewart, Reg , J P.) Thursday, Jan. 5.
Hopkins v. 'Whitoside. — Claim, £i 15s. No appearance of defendant. Verdict for amount claimed with costs.
Cranley v. M'Luskey. — Claim, £, , being value of fixtures illegally removed from promises owned by plaintiff in Wetherstones. Mr. Gooday for plaintiff, and Mr. M'Coy for defendant
It appears in this case that in August last Mr. W. Sheath bought of Daniel M'Luskey a shop and dwelling house, situated at Wetherstones. At that time, D. M'Luskey left the premises, leaving certain goods, viz., an iron rod, blinds for windows and rollers, and pigeon holes of jiost office, and some water barrels. Subsequently, Mr. Sheath sold the house and shop to Mr. Cranley, who, in his turn, rented the premises to Patrick M'Luskcy, the articles above specified remaining -still in the bull din ~. Some short time
afterwards, Patrick M* Luskey loft the premises, an 1 t;ok with him the articles, as he uou tandsd they were not fixtures.
Mr. M'Co^y contended, and he quoted legal authorities, that the articles specified were not fixtures. It had been decided that articles for the use of trade, although fastened to tho floor with screws, wore not fixtures. It had even been found that articles fixed to premises with molten lead were not regarded as permanent fixtures, as tliey could be removed without injury to the building.
Mr : Gooday contended that they were fixtures," iruHl? rested his case on the fact that the defendant ~h"sd- -no
right to the .articles. They weie Isft by D. M'Luskey, and even he had no right to take them after he left the premises, Even his being on the premises without the consent of Cranley was a trespass — he could not eveu remove the smallest piece of paper.
After mature consideration, th? Bench decided that the articles weiv not fixtures, and gave judgment for defendant with costs, and one guinea professional fee.
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Tuapeka Times, Volume III, Issue 153, 12 January 1871, Page 6
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329RESIDENT MAGISTRATE'S COURT, LAWRENCE. Tuapeka Times, Volume III, Issue 153, 12 January 1871, Page 6
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