THE COURTS.

Press, Volume LVI, Issue 16959, 7 October 1920, Page 5

THE COURTS.

SUPREME COURT.

CIVIL SITTnTGS. (Before his Honour Mr Justice Sim.) JTJDGMEXTS DELIVERED. Hie Honour delivered judgments in the following matters:— A BROKEN BARGAIN". In re Henry P. Moee, Ltd., Dunedin (Mr W. J. Hunter) v. Frederick Fisher, Kaiapoi (ilr AT. J. Greseon, with him Mr K, M. Gresson), the claim waa for .£360 10s in respect to the sale of a second-hand Sagar planing machine to defendant for £100, plaintiff n freeing to purchase from defendant a second-hand Sagar combination machine for £-10. Defendant had delivered to him the machine he purchased, but ho did not deliver the machine he sold to plaintiff, who, in the meantime, had eold it to a coachbuilder named Hunt, of Sydenham. The claim was mad© Up:—£2lo as the amount which it would cost to obtain a similar machine to complete the contract with Hunt; £35 as the profit on Hunt's contract; £40 claimed by Hunt from pTaintiff as damages'; and £75 10c, the costs of an action against Bohm, to whom defendant sold the machine. His Honour, in his judgment, said that the claim for damagee. apceared to be baaed on the view that nlaintiff was entitled to be put in a position to carry out the contract with Hunt, and at the same time to be compensated as if that contract had not been broken. Obviona'y plaintif I could not have it both ways. The time for i performing the contract with Hunt had long since expired, and the plaintiff must be treated now as having elected to deal with Hunt on the basia that the contract with him could not be performed. The plaintiff was entitled to recover the loss of profit on the re-sale to Hunt, £35; price paid to defendant, £10; and damages claimed by Hunt, £40; total £115. Judgment was given for that amount; costs on the lowest scale, with disbursements and witnesses' expenses to bo fixed by the Registrar. BANICRTJPrS ALLEGED PREFERENCE. In re George "Walter JPcCormack, ex pari© the Official Assignee in bankruptcy (Hr F. S. \Vilding for the Official Asti-mce) «nd the Ifcw Zealand Farmers' Co-operative Association of Canterbury, Ltd. (Mr M. J. Gresson, with him Mr G. Helmore), was c motion by the Official Assignee for an ordor directing the Association to pay to him three sums, £905, £100, and £'ii, received by the Association on account of the bankrupt, George Walker Cormack. His Honour, in his judgment, held that certain transactions between McCbrmack and tho Association were an act of bankruptcy within tho meaning of sub-section (b) of eection 23 of the Bankruptcy Act. The question remained whether or not the Association could claim tho protection of section 82 of ths Act. After detailing the circumstances, his Honour said that, at the"' time McCormack authorised the Association to sell his etock, implements, and motor-oar, the responsible officers of the Association did not know that McCormack was insolvent, and did not know of any facts which ought to have a-roused their suspicion and caused them to make enquiries. His Honour thought, therefore, that the Association acted with complete good faith in the matter, and was entitled to tho protection afforded by ©Dction 82. The motion was dismissed with costs £10 10b, and dis"bursoments «nd witnesses' expenses to be fixed by the Registrar. ELECTRICAL ENGINEERS* CLAIM. Oraddock and Co., Ltd., engineers and electrical suppliers (Mr McDougall), claimed from the Lawrence and Harson Electrical Company (Mr Kennedy, Wellington) for the roturn of 1291 feet of conduit, or its .value, £27 83 3d, and £216 10s, amount owing in respect of goods supplied. Defendant had paid into Court £84 13* 3d, amount admitted to be due to plaintiffs. . Evidence waa given by Arthur Ramsford Craddock, managing director of plaintiff company, details being given of the state of accounts between the firms. > Mr Kennedy moved for a nonsuit on tho ground that an amount in dispute which plaintiff claimed should "be put against the indebtedness to defendant, was not a, liquidated amount. ' . Hi 3 Honour Keld that the «um the plaintiff sought to put against tho indebtedness to defendant for goods supplied was not a liquidated amount, but represented damages claimed by plaintiff for defendant's failure to return the conduit. Tho .Question of such damages must be mad© tho subject of a separate action. As defendant had paid into Court a sum" (£B4 lis 3d) in excess of the amount plaintiff wag entitled to recover (£BO 6s 3d), judtrnfent would ho for defendant. Plaintiff was allowed costs of writ, £4 4s; defendant was allowed costs on the lowest scale of preparing for trial and of trial, fees for disbursements and -witnesses' expenses to bo fixed by the Registrar.

H5 CHAMBERS. His Honour Mr Justice Sim, yesterday granted probate in' the estates of the following deceased persons:—Arthur. Sykes(Mr A. S° Taylor), Ellen Murray (Mr A. J. Malley)," Kobert Cramond (Mr P. B. Adams). Letters of administration were granted in the estates of Mary Chriutian Webb (Mr F. S. Wilding) and John Worsfold (Mr G. 1. Weston). * The civil action, Deanng v. Paynter and Hamilton, will be heard, at the Supremo Court, before hia Honour Mr Justice Herdj man and a special jury of 12, at 10 a.m. I on the 16th insk

MAGISTERIAL WEDNESDAY. (Before Mr V. G. Day, S.M.) drunkenness. Two first offenders were each fined 6s, with the usual alternative. A third was remanded for a week for medical treatment. ALLEGED THEFT. Martin Crosbie Moral*, who pleaded not gnilty to a charge o£ having, on September 9th stolen a bicycle, valued at £10, the property of Alfred Douglas, was remanded to appear again to-morrow. Bail was allowed, self in £50, and two sureties of £23 eaCh ' TWO CHARGES. A fine of £2 was imposed on Charles George Diamond, for having used obscene language at Papanui. On a further charge of having, at ■ Oxford, on September 30th, broken and" entered the house of Naomi Crowe, and stolen therefrom an ovorcoat, a bat, a wristlet watch, a trinket box, and fivejakes of &oap, of a total value of £3 17s Bd,_he ■was remanded to appear again on Wednesday. ALLEGED FRAUD. William Hughes was remanded till Wednesday on a charge of having attempted to defraud William H. Duncan of £9 10s, by of a valueless cheque. CRUELTY TO A HORSE, s On b charge o! having ill-treated a horse by striking it over the head, Charles Crocker was convicted and fined 205.. IN OTHER PLACES. , COURT 'OF APPEAL.. (press association telegram.) WELLINGTON, October 6. The Court of Appeal is hearing argument in Bodell v. Cablo and Co., Ltd., a case stated bv the Judge of the Arbitration Couxt. lETlfacts are that one Whitley, a metal worker in the employ of tho •met . his death while working in the Kia Ora under circumstances entitling his dependants to compensation under the V> orkers Compensation Act. Ths deceased loft a widowed no other dependants. The widow commenced an action against the |Jiaw>Savill and Albion Co., owners of the Kia lnrine negligence, and claiming ttSef the Deaths by Accident Compensation Trf. After the statement ol defence had Knnn filed in tliia suit, the widow died- Tho pl«ntiff took out letters of. admrnSL to the widow, and now claims the comDonfntion, to which she would hfve l«en titled under the Workers' Com«itirtn Act Tho plamtifi was not and had been a dependant of the The question is as to his right ♦ rprover such compensation money. If* K S or . plaint ' and Tieadweil for the defendant.