LAW REPORTS.

Dominion, Volume 3, Issue 844, 16 June 1910, Page 9

LAW REPORTS.

fr APPEAL SUCCEEDS. DISPUTED OWNERSHIP OF COWS. CASE TUOJI EKETAHUNA. An appeal from a decision given at Eketahuna by Mr. R. H. Turton, when ho was Stipendiary Magistrate, was argued yesterday in the Supreme Court before his Honour, the Chief Justice (Sir Kobert Stout). The appellants were A. H. Herbert and Company, Ltd., general storekeepers, of Eketahuiia, and the respondent was Arthur Gadsby, butcher and dairy farmer, of Lon-tr lhitt. Mr. E. Page' of Eketaluina, appeared for the appellants, and Jlr..E. P. Bur.ny for the respondent. During the course of argument, it was pointed out that Herbert and Company had taken action against Gadsby, the Magistrate giving judgment in favour of the latter. From the evidenco tendered at. the hearing of the case in the Magistrate's. Court, it appeared that, in IPOS, one Webb, of Hamua, executed a security in favour of Herbert and Comliany to cover his current account. The security was over his herd of dairy cows and heifers. About two months later Webb obtained from Gadsby a lease of cortain land and a bailment on certain stock. Webb farmed the place, and allowed his own stock, which were under mortgage to Herbert and Company, to firnze with Gadsby's stock. In 11)09,-Webb became in arrcnr with his rent, ami Gndsby, with his (solicitor, entered upon the farm and took possession. Gadsby received from Webb sufficient cows to represent the number bailed originally, and Gadsby thereupon bought the whole of the remainder of Webb's stock, in satisfaction of the rent due to him, which amounted then to about £l&). Webb at this time owed Herbert and Company ibout £il, which amount was covered by the security. Herbert and Company demanded from Gadsby possession of the teck which had been bought from Webb in satisfaction of the . account. Gadsby refused to hand over the' stock, and Herbert and Co. brought an action against him claiming the amount of their account (.£47 75.). Judgment was given by tho magistrate in favour of Gndsby. His Honour reversed tho decision of the magistrate, ordering that judgment should be entered in tholower Court for .£47 7s. in favour of Herbert and Co. In allowing Hie appeal, his Honour said that ho considered that the security to Herbert and Co. was gpod. and cohered not only the slock originally mortgaged, but also the inorea'se of such stock nnd of all other stock, the property «f Webb, which might be pasturing on the land. His Honour held that Herbert and Company had established their claim to the natural increase of the whole of tho stock. Seven guineas costs were allowed, with costs and witnesses' expenses, in the lower Court. . ■ DAM IN THE WAIWETU STREAM. FLOCK-MILLER'S EIGHTS. Legal argument was heard yesterday aiternoon by the Chief Justice in the caso of Karl Kasmussen, farmer, of Waiwetn, versus Edith Dorothy Kllis and John Eli Ellis, flock manufacturers. The claim was for .£250 for alleged damage to Easnjussen's laiid caused by the defendants' mill dam in the Waiwetu Stream. Hasmussen sought also for tho issue of an injunction of the Court restraining the defendants from causing further damage. Tho defence was that no damage had been caused to Kasmussen's land (which was situated above the dam), and that, if an injunction were granted by- the Court, tho defendants' business would suffer irreparable injury. Mr. W. I' , . Ward appeared for tho plaintiff Basmussen, and Mr. C. B. Morison for the defendants. - ■ , H;a Honour reserved Judgmem.