THE COURTS.

Press, Volume LV, Issue 16585, 26 July 1919, Page 11

THE COURTS.

SUPREME COURT. (Before his Honour Mr Justice Hcrtiman.) ALLEGED FKAUDUIENT TKAXSFEK. In tlie__ casts, Leicester jlatson acd David Thomas Matron (Mr HiLb v. James Power, Alice I'o-.vcr, a Del JJridgeL Power (Mr Iluuteri, p]:jiritiiT3 sought to ii.ivr: a deed of conveyance set a/iide, alleging that it was fraudulent. in tlut the defendants had attempted to defraud, do'ay, u.r.d defeat the creditors of James Power, and that it was voluntary acd not bona iide, nor mado for valuable cor.?i<lorat ion. The •n.'aintitTs case -was that between the months of October and August, 101", Jas. Power, of Governor's Day, farmer, becajne indebted to them in the sum of iS:S7, vrhieh fiira renrerouted the lahnco of an account owing by t!i« defendants to plaintiffs for stock and chattels sold and money lent by them. On August 11th, 1318, the plaintiffs issued a writ to recover the ±'.1:57 with coets, which fact was veil known, to Alico and tiridget Power, who lived at tho time- with their brother. About September 11th ,lames Power (who had iince died) became insar.e, and was admitted to tho h'unnysido .Mental Hoepilal. On or about August 16th it wa3 alleged that tho Misse3 A!ic<» and Bridget Power were parties to a transfer of tho farm property from their brother to themselves for a pretended consideration of £'1000. This was the aliened fraudulent part of tho transaction, which plaintiffs applied to have set aside. Tho defeuce aus that tho two sisters of .Tames Power had provided out of their own moans tho money—over and aljove tho first and eccond mortgages of £1630—necessary to complete the purchase of tho farm and stock for X'.M.'H. but being uneducated' persons, unacquainted with business principles, they allowed their brother to carry tho purchase through, and the first transfer was made out in his name. L-ater on. the Bisters lent their brother more money, making a. total of about CliOO. In July, 1318, Power suffered a never® los 3of 100 calves through the snowfall. This preyed on his mind, and ho became unwell, itnd knowing-that his sisters had supplied all the money to purchase the farm ho executed n transfer of it to tliem ou August 16th. 1918. Tho two sitters were willing to sell the farm no-v, and to distribute any net surplus which it might realise among their brother's rreditors. A considerable amount of evidence was called on both sidee, chiefly with regard to the financial transactions of the-parties, and a'ter hearing brief legal argument., his Honour reserved his decision. A SHARE CASE. Mr Upham appeared on behalf of five transferees of eharca in the Dominion Homebuilders' Co., and applied to hi 3 Honour for the share register to bo rectified. Counsel stated that eotiie thousands of' pounds depended on his Honour's decision. '.The facts were that at the present time the directors of the Compny refused to sanction tho transfer of certain parcels of shares to'buyers, not on. the ground that they wero considered undesirable persons —which, the directors had a right to do under the constitution of the company—but because it was alleged that the shares wero sold at an under value.

Mr Hunter, for Ike Dominion Homebuilders' Co., ?aid he was instructed: to ask for an adjournment to enable th© company to obtain tho evidence of tho Jirrn of Ilott and Co, advertising contractors, in Wellington. It was al'ogcd that' certain parties had combined to force down tho value of the shstien of the company, and it was chiefly for this reason that tho transfer of' ehares had boon refused by tho directors. He asked for the adjournment- so that proof could obtained from Ilott and Co., that tho advertisements offering' z low price for the company's emanated from the office of a, sharcbroker with, whom the transferees Or lome of them were connected. His Honour said tfiat it appeared that because somo rumour existed of an attempt to "bear" the market, the directors had arbitrarily refused to sanction the transfer of shares bought Tiy persona who might.not "have been connected with the "bear'' movement at, all. He thought that tho case of each transferee should have' been considered by the directors by itself. His Honour said Mr L'pham's application would bo granted. J CIIIMINAL SITTINGS. ADMITTED TO PROBATION. Eric Austin, a youth of 161 years of age, for whom Mr Sargont appeared, tame up for sentence on three charges of having' stolen two motor-cycles and various other • goods. Prisoner had pleaded guilty to the charges in the lower court. .. .. _ Accused wa3 admitted to probation for the period of' two years, on condition that he reported himself once a month, to the senior police officer at Fairlie and that the. sum . of , £13 lCs waa paid to the Crown, this being- ! tho Giim for which one of the stolen motorcycles had been sold. |

MAGISTERIAL. (Before Mr T. A. B. Bailey,. S.M.) DRUNKENNESS. Two first offenders wero each fined ss, in default SI hours' imprisonment. "Alexander Martin, who appeared on two charges of drunkenness, was sentenced to one months imprisonment with hard labour. REMANDED. William Spriggins, alias McAlistcr, was charged with having broken and entered the shop of Owers Bros., at Dunsandel, and etolron' the sum of 7s 4d, and, also with having at Tikokino broken and entered tho shop of Ernest O. Roach and stolen three cheques, various articles of clothing, and £1 10s in cash of a, total value of' £41. He was remanded until Friday nest. BY-LAW BREACHES. Having l cycled at night without lights, Edward MoCann, Graham Pitcaithly, and Edwin. G. . Watkins wero each fined 20s and costs, while Harry Moore, Catherine Perry, Harold Queeie, Joshua Singleton, and Patrick .Campbell wero each convictcd and discharged. __ ~. Thomas E. G. Mark, Samuel Hocking-, "George Gunn, William Boldero, William. A. Sheldon, Thomas I'.ico, Alfred 011iv«r, and Frank- Partridge were each fined 10s and costs, and Edward Foster os and costs for having cvclefl on a footpath.. Fine? "of 5r and ccate were inflicted on George W. Patou- and Dominic Grant for having left their motor-cars unattended. _ For not having driven to tho intersection of two streets ioefore turning, Dennard J. McKenna was fined 10s and costs. Herbert A. Church was fined £2 and .costs for hrrving motored along tho Papanui road at an excessive speed. (Before - Messrs H. Holland and J. Mawson Stewart, J.P.'e.) COMMITTED FOR TRIAL. Jack Condon (Mr Lucas) was committed for trial ou a charge of having indecently • assaulted a girl 14 years of age. Bail was allowed. nc:uscd in £100 and two sureties of £50 cach. ASHBURTON. (Before Hoss;-3 J. B. Christian and A\. W. WMtc, J.r.'s.) .TumCo McKonxie, Robert Cox, David McMillan, junr., Frank Newman, Aibert W. M. Newman, and • J.'T. Nelson 'wero each fined 203 and costs for exceeding tho speed limit with motor-cars, William Rankin, on a similar charge, stated that ho was not on the road with his car at the time the inspectors stated. He was fined 20s and costsi SUPREME COURT SENTENCES. (TRESS ASSOCIATION TELEGRAM.) WELLINGTON. July 25. At tho Supremo Court a youth named Arthur Edward Smoothy, who pleaded guilty ut Eketahuna to a charge of attempted c-amal knowledge of a* littio girl, was eentonced to three years' reformative treatment. William Alfred Robert Gnssell, on seven charges of breaking, entering, and theft,.ono of ureaking and intent, and fcur o£ forgery, was sentenced to reformative treatment for a period not exceeding three ye?rs.