DISTRICT COURT.

Wairarapa Daily Times, Volume VII, Issue 2103, 24 September 1885, Page 2

DISTRICT COURT.

MASTERTON-WEDNESDAY.

(Before His Honor District Judge Davy,)

Ofeicial Assignee v. Hawkings. (Continued)

Thomas Hawkings deposed that he bought the horse, cart, and harness for £47105. The horse, he thought, would fetch £ls, the cart £lO and the harness £4. He gave full value for it, and left it with Bowles for his use, and sent for it when he wanted it. Mr Bowles afterwards came to Wellington and asked witness to let him have two accommodation bills, and said he would give an agreement to hand over 200 sheep if he did not meet. He got the agreement, and the bills not being met he took delivery of the sheep and asked Bowles to brand and graze them till he got his fencing done. He cr»me to Carterton and removed the sheep; they were branded with his brand. The sheep were broken mouthed, and poor in condition, and he considered he paid above the value for them.

Cross examined by Mr Bunny : There were about 215 sheep taken by him. Mr Bowles asked hiinto lethim have £SO and he gave him £47 10s for his horse, cart and harness. The bills were not met by Bowles, and lie did not know when he sent for the cart that the billß had been dishonored. There was no understanding between him and Bowles that if he got the £4710s Bowleß was to keep the cavt. He did not require the trap for a time, and let Bowles have the use of it. He would not have done so, only Bowles was a relative, He was not a pawnbroker, Bowles told him that he had bought some land under the Transfer Act, and the title was in his wife's name.

By Mr Fitzgerald People are not necessarily insolvent when they dishonor a bill. He had no reason to think that Bowles was insolvent. The Official Assignee never examined him, By Mr Bunny; Mr Sellar merely demanded to have the property handed over. -

George Burnett said he should not like to have given more than 6s or 6s 6d at the very outside for the sheep. By Mr Bunny: He did not notice the brand on the sheep. . This concluded the evidence.

Counsel having addressed the jury, His Honor summed up, and the jury retired, returning after an hour with a verdict for the defendant on all the issues, but added that the defendant was not entitled to claim any of the sheep above the 200. It was agreed to consider the question of costs in Chambers, Official assignee v Taylor

An action tq recover from t|ie defend' ant, James Taylor, as trustee for Mrs Bowles, possession of a section qt land ai Ohariu, and the goods and chattels in hei household.

Mr Bunny for plaintiff, and Mr FitzGerald for defendant.

The case was heard without a jury. After taking evidence of a technical nature, Bis Honor reserved judgment, THIS DAY.

Official Assignee v Burnett,

Anaotion to recover possession ol a trap of the value of L3O, and other properties obtained from G. Bowles, within a period of three months of his bankruptcy. Mr Bunny for plaintiff, and Mr Sandilands for defendant,

The following jury was sworn:— S. Bacon, D. J, Cameron, J. C. Ingram, T. S. Jago. ' Mr Bunny, in opening the case said he should prove that the bankrupt Bowles was not in a position to pay his creditors in full at the time the transfer took place. A quantity of documentary evidence was put in. , George Bowles was examined at some length as to his position previous to his bankruptcy, and in cross-examination said that the sale of the trap was only an ordinary one, and was not done to give defendant preference. The two cows mentioned he purchased expressly for defendant.

George Burnett, defendant, called as a witness for plaintiff, deposed that on account of a bill not being taken up he had stqpped Bowles' credit, but when he heard that Bowles had filed, he certainly was veiy much surprised. All the butphors dealing with him wore in tho habit of picking up store cattle for him. Counsel haying addressed the jury, His Honor briefly summed up, and the jury returned a verdict for the return of the trap only. This concluded the sitting.