DISTRICT COURT

Wairarapa Daily Times, Volume VIII, Issue 2419, 7 October 1886, Page 2

DISTRICT COURT

MASTERTON.-WEDNESDAY. McCardle v. Tayleb. Claim £2OO. Allegod value of nursery stock, and damages for unlawful detention : Tho Clerk of the Court, Mr J. J. Froeth, delivered the following judgment, ou bohalf of his honor Judge Davy yesterday afternooti. The plaintiff waa represented by his solicitor, Mr A. fi. Bunny, the defendant appearing in porson. With reirard to the points raised in this action I am of opinion that so far as time waa of the essenoe of this contract tho plaintiff secured his right to the growing plants and nursory stock, the subject of this action by severance thereof from the freehold witliin tho time stipulated, and that tho failure during a further poriod to remove tho articles so sovored did not affect the right of property thorein. Upon tho evidence adduced 1 find the defendant responsible for wrongful detention of the property the subject of this action, aud for damage resulting from suoh detention as from 9th September, 1885. 1 adjudge the defendant to deliver to the plaintiff (or to allow the plaintiff to remove from tho land of the defendant) so much of the said proporty as is still in tho possession of tho dofondant, or in default to pay to the plaintiff the sum of £84195, or a proportion thereof for any portion of the property not given up as aforesaid according to the valuation taken during tho hearing of this case for the purposes hereof. Also to pay to the plaintiff the sum of £25 as the value of that portion of the said property whioh has boeu sold and disposed of by the defendant. Also to pay the sum of £lO sb damages in respect of loss and deterioration in the value of the said property, consequent on wroncful detention thereof as aforesaid. With regard to costal am of. opinion that the misapprehension which appears to have existed ou tho part of tho plaintiff as to his position with regard to the mortgage, and his consequent failure to remove the stock during tho period previous to September, 1885, has beou the primary cause of the present litigation. I thereadjudge each party to pay his own costs of this action.

_ln re George Bowles.—The following judgment was also delivered re the application of Charles Bowles, to be admitted to prove as a creditor in the estate of George Bowles, of Carterton, butcher : On consideration of the above application lam unwilling to shut out what may possibly bo a just olaim on accouut »f an omission whioh appears to me to be sufficiently accounted for by ignorance or inexperience on the part of the claimant. 1 therefore order that claimant be admitted to prove iu the above estate.