MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2118, 25 April 1889, Page 2

MAGISTERIAL.

ASHBdRTON— THURSDAY. (Before Mr 0. A. Wray R.M.) DHUHKENNBBS. John T. Armidale, a pale-faced * oo th of respectable appearance waa chatted with drunkenneso.. He had been on previously, and was fined 40a with the alternative of seven days Imprisonment, orrn, oasis. J. 0. Bell v D. Wilion and B. G Orlsp, olalm £10 4i. Mr Outhbertson appeared for the plaintifl, who U tfa* Deputy Official Aislgnee lathe bankrupt eitate of Jas. Graham." Mr Wilding appeared for Mr Wilson, and Mr Pornrfl for Mr Of lap. Tfae o. B e, which had been partly heard last Oonrt d«y, vas a olalm for the reoovory of an alleged surplu remaining ; after a bale unde* a bill of s.le, "!?!.*£. Bur P lDB » if *•» alleged, had without the authority of Graham baen handed over to one of hla creditors. Ml WHaon denied having glvea petmlaaloa for snoh handing over, but the plaintiff thooght it neoeeqiry to Jold him m the de. feuce. Evidence having beeo takan for the plaintiff Mr Wilding moved for a nonBnitai i against Mr Wilson. Haenbmltte* that the evidence showed ha h»d been In no way responsible for the aotion of his Bolloltor— Mr Outhbertsoa did not think the patties could be leparated : they o*s oopied the posUion of principal suid point-Mr Paroell asked fn- f ft lothaoauMdutMc O T ' l9p , He quoted Si I P rlDolp * °"IF. »°d not liable to ft tmra p»r>f,n f ac tay mooey dae to that panc Q he might hold, unless be entered into a binding arrangement with snob third person m roapeot to the disposal of [ the money. No aaoh agreement had , been made m this case and Mr Orlsp wae t liable to his prinoipal only. Mr Pnrnell , also challenged the jarlsdiotion of the . Oourt He aaid that the Oourt wai . asked to deo'.da an account between moft* t gtgee and mortgagor, and this the Supreme i Oourt only had power to do— Mr Outh- , berteon replied— The Magistrate said Ik > appeared to him the case wm between the j Assignee and Mr Wilson, whose du^ ti t was to hand over to the person, whose [ goods were sold- any surplus remaining [ from the sale. He did not lee how the ( aolioltor oould be joined In the sutt.-~.Mt , Wilding was oonfident there was no oate against his client, and the Magistrate •greed to hear further argument In the t afternoon. The oaae wm adjoutatd i aocordlngly, i* J 'A?"-r* n * ° Ot vw « O»n a 7» eliim r 17a 4d;—Jadgment for plaintiffs by de* fault toy amount olaimad and ooata. [Left sitting ]