IN BANCO.

Wairarapa Age, Volume XXXII, Issue 10072, 18 June 1910, Page 7

IN BANCO.

A SUCC£S*FUL AFPEAL

I His. Honor, Sir Robert Stout, Chief Justice, heard an appeal from the decision cf Mr K. H. Turton, S.M., delivered at Eketahuns, in the case of A. H. Herbert and Co., Ltd., v. Arthur Gadsby. Tho appellants are storekeepers at Eketahuna, and the respondent )<? a bute:er and sheep farmer, resident at Lower liutt. Mr E. Page, of Ekotahuna, who appeared on behalf oc the appellants S3id that Herbeit arid Co. had sued Gadah.v in the Magistrate's Court, and that Mr Tutton had given judgment fcr the defendant, la 1905 a Mr Webb of Hamua, to cover his current account, executed a security over his dairy cows and hsifers in favour of Herbert and Co. A little later Gadsby granted a lease of certain land ano a bailment on certain stock. While in possession of this land Webb allowed Gadsby's stock to mingle with his o?;n, which was under mortgage tj Herbert and Co. Webb got into arrears with bia rent last year, and the respondent, with his solicitor, went on to the land and took possession. Webb handed over to Gadsby sufficient cows to represent the number originally Dailed, and Ga:'sby bought the remainder of the stock in satisfaction of the amount due for rentthen £l6O. At the same time Webb owed Herbert a sum of £47, for which the cows were security. Herbert and Co. demanded from Gadsby possession of the stock which had been handed over for rent, and on Gadsby's refusal to do so sued him yi the Magistrate's Court for the amount owing to them by Webb. Mr Turton found in favour of Gadsby. Having heard argument by Mr Page and Mr E. P. Bunny, who represented the respondent, his Honor said that he would allow the appeal, and order that judgment be entered i.i the Lower Court for the amount of the claim. Herbert and Co.'s security, he htld was good, and caveied not only the stock originally mortgaged, but also any natural increase in that stock, and any stock which at any time may be pasturing on Webb's ground. Tie appellant was allowei seven l "guineas costs.