SUPREME COURT.

Press, Volume LI, Issue 15219, 5 March 1915, Page 2

SUPREME COURT.

CTVIL SITTINGS

(Before Mr Justice Deniiiston). The civil sittings of the Supremo Court were resumed yesterday. TRAVELLERS' SAMPLES. McEwen and Co., Melbourne (Mr Hunter) sought to recover from Gerrit van dor Velden (Mr Mosley) the sum of £214 4s, the cost of traveller's camples, the proceeds of which, it was alleged, defendant had not hajided to plaintiffs. Evidence had been taken on commission. Frank Steans, managing director of Aitchison, Steans and Company, importers, stated that 0-5 per cent, was a very reasonable amount to add to the factory cost of the samples to cover packing in Europe, sea freight, insurance duty, wharfage, and cartage. Mr Mosley. in reply to his Honour, said that defendant "admitted liability to account, but alleged that some of the enmples had been returned, the remainder sold, and an account given of the proceeds to plaintiffs. Several questions arising: out of the case were referred to the Registrar to take the necessary evidence as to accounts. IN BANCO. His Honour dealt with the following banco matters: — MORTGAGES EXTENSION. R. Bayley (Mr Hunt) v. A. J. J. Brown, motion for summons under Mortgages Extension Act. Coun.sel stated that since- the matter was previously before tho Court defendant had filed his consent to the pale of the property taking place. His Honour made the order accordingly. Hillier (Mr Upham) v. Johanna Don, and Robert Don., motion for summons under the Mortgages Extension Act. Johanna Don appeared personally and oppoeed the granting of the order. In evidence she stated that she was tho wifo of Robert Don, and admitted the mortgage ajid default of payment of interest on due date on two occasions, though one amount wii6 subsequently paid. The reason tlic payments were not made when due was that her husband, a farm labourer, could not get work. He had not gone far out of town in search of work, but was now working at Ashburton. The property was now in the hands of an agent for sale. She was prepared to pay off tho arrears of interest at the rate of 10s per week, and she hoped to pay the current interest. Mr Upham said the interest on the first mortgage was overdue, and the rate of payment promised by defendant would hardly keep down the interest on tho first mortgage. Ills Honour thought that the property wag endangered by the non-pay-ment of interest, and it was obviously to the interest of all concerned that an order to sell should bo made. His Honour ordered accordingly, postponing the sale for six weeks, tho order not to take effect if the interest is paid meantime. Tho Mutual Benefit Building and Investment Society (Mr Salter) v. H. P. Grey, motion for summons under the Mortgages Extension Act. Tho motion was not opposed. His Honour said that tho affidavits did not disclose what the value of the property was. If ifcwere contended that the security was seriously endangered the value of tho security should be shown. . " Mr Salter said he would file an affidavit as to value. On this understanding his Honour granted the order. National Mortgage and Agency Company, Ltd. (Mr Hunter) v. the Official Assignee in Bankruptcy of the property of William Gardiner Paul, motion for order under Mortgages Extension Act. Mr Hunter said that the property had been sold, and tho amount due had been paid. Ho asked for costs. His Honour granted mortgagee's costs, £7 7s. ' C. H. Tripp and another (Mr E. T. Harper) v. the Official Assignee in Bankruptcy in tho property of Walter Shaw, motion for order under Mortgages Extension Act, Mr Harper stated that the Official Assignee consented. Hβ applied for costs. His Honour said that the order did not ask for costs, but he would consider j the application. Emitv Vincent (Mr Gresson) r. Hane Peter Meyer, a motion for dispensing with service of originating summons under tho Mortgages Extension Act. Mr Gresson said that defendant had been out of the Dominion for six years and was still absent. His Honour made the order. I The Court adjourned till 10.30 a.m. to-day.