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DISTRICT COURT

ASHBURTON -FRIDAY.

(Before his Honor .Judge Ward.) W. Zaxubb, v. F. Clark. In this case, fi claim of £100 for breach of agreement, the heariug took place last Court day. Plaintiff and defendant are both hairdressers, tobacconists, &c, m Ash burton. In November, 1885, defendant sold to 'plaintiff the business now carried on m Ashburtcm by the latter, defendant entering into an agreement at the same time with plaintiff whereby he bound himself not to engage m t any way "m a similar business m Asliburtoh for ten years, under a penalty of £100. Defendant, m face of this agreement, began business m Ashburton m July last. Hence tlie action. His Honor reserved judgment at last sitting, and now delivered, giving a verdict for plaintiff for the full amount of the claim, with COStS, '•" ' : ' ... , ..IN BANKRUPTCY. Tn. re T. and R. Morgan, Mount Somers. M r Purnell, for the Deputy Assignee, asked for an order calling on Robert Todd to replace and repair a building unlawj, fully removed from the estate of the bankrupts, otherwise for the building to be paid for by the said Robert Todd. Tue building claimed was a swo-roomed cottage .'adjoining the store of the bankrupts, which had been removed by Todd to his own section, he having purchased it for removal for £50. Mr Puruell called Mr Bell, DeputyOfficial Assignee, who .deposed that the bankrupts had not filed any statement of assets and liabilities, or delivered up any of their property to him ; a search warrant was taken out and some of the stock was recovered. The whole was valued at over £500, but only about £60 was realised fbr the portion recovered. In his examination R. Morgan stated that the cottage and land belonged, to Thos. Morgan, and he believed the Bank of New Zealand held a lien bn it. The cottage stood on Lot 84, the same land that the store was built upon. On 10th April the witness was at Mount Somers and saw the cottage on the land. He valued the building as it stood at £80. In August he found the cottage had been removed. He then visited Todd's, place, and found the cottage there and Todd living m it. Todd stated he had a receipt for the house, but declined to produce it. Witness saw R. Morgan next day, when he stated he had not sold the house to anyone, but said he had paid Todd for removing the place. By , Mr. Cresswell — Witness thought about'£so would be a,fair price for the building for removal. / A. M". Pearson deposed that on May 19 he was at Mount Somers. The cottage was there then, and he found goods m it. After Mr Cresswell had called R. Todd, the, defendant, and addressed the Court, His Honor gave judgment for £80 with costs. , In.re F. W. Hill.—Motion for order of discharge. (Mr Cuthberfcson). Order granted. I)i re, W. Sutherland. — Motion for order of dischaige. (Mr Wilding), Order granted. In re Joseph Clark, deceased.. Motion for admission of proof of debt. For the BanlMof New South Wales, Mr Wilding'; for the Deputy Official Assignee, Mr Purnell. In this case the Bank sought to have proof admitted m the estate of the deceased Joseph Clark for the sum of £205, deceased having been m 1886 one of several guarantors to the Bank of the sum of £3000, for the Flemingron Cheese and Butter Factory's account. The balance of £205 was owing to the Bank at the bankruptcy of deceased, find the Bank had sued Hugo Friediander, one of the guarantors who were jointly and severally liable, for that amount. The Bank had accepted from Hugo Friedlander the sum of £105 as his share of the liability, and £34 had been paid by another guarantor, leaving £60 still to be found to liquidate the debt. Mr Wildinsr claimed, by affidavit put m, that Friedlander s release had only been give* on the understanding that the Bank retained the right to proof m Clarke's estate for tU f nil amount of £205, and relying upon tins proof the release had been given to Friediander. Mr Wilding addressed Hia Honor at length on both the law and the facts m the case claiming that at the time the_ claim for £205 was sent m to the Assignee that amount was owing upon the T^ft'M .Had itllofc be«-T ' admitted that he would have been out of Court Mr Purnell, for the Assignee, contended that the receipt from the Bank to Friediander was m full satisfaction of the Lanks claim, and contained no reservation whatever of a right, to claim on C arks estate. Already there had been admitted upon the estate claims to the amount of £10u on the score of this guarantee, and were this £205 claim admitted, the Assignee would be paying dividends twice over on the sum of £105° Hjs Honor reserved judgment,' i

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AG18901011.2.13

Bibliographic details

DISTRICT COURT, Ashburton Guardian, Volume VII, Issue 2541, 11 October 1890

Word Count
821

DISTRICT COURT Ashburton Guardian, Volume VII, Issue 2541, 11 October 1890

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