CIVIL BUSINESS.

Dominion, Volume 4, Issue 977, 18 November 1910, Page 3

CIVIL BUSINESS.

RE-INSTATING A BAUFF. WHO OWNS THE SHOP? : In the Supremo Court yesterday, Mr. Justice Cooper heard a motion in bankruptcy to set aside a transfer of property by Jack (or Isaac) Vincgrad, a -bankrupt, to his brother Abraham. Mr. G. Toogood appeared on behalf _ of the creditors at whose; instance Isaac Vinegrad had been declared bankrupt. At tho.outset Abraham Vinegrad-was not present in Court. His solicitor, .Mr. Hindmarsh, was also .absent not having been notified early enough to enable him to attend. Mr. C W. Neilson/appeared on behalf of Mr. Hindmarsh, and asked for; an adjournment. His Honour said that the case, must proceed. The defendant had been made [uHy aware of its seriousness, but had kept back tho Court papers for ■ threo .days, instead, of immediately instructing a solicitor. , Mr. Toogood , stated, inter alia, that Isaac Vinegrad, tho bankrupt, had disappeared, and a writ had been issued for his arrest. ■ The property, effected by the transfer took the form of stock in a shop in Manners Street. ' It was contended that, the sale of this business by Isaac Vinegrad to his brother. Abraham was a fraudulent- one.. A receipt for 'j£24o, witnessed by. Mr. Hindmarsh, had been given by Isaac Vinegrad to his urothcr. No one doubted that the money had been handed over in tho. presenco of Mr. Hindmarsh, , but the .creditors were, nevertheless, inclined to "believe that it had been.first secretly handed to Abraham in order that it might be passed back in the presence of a witness. Evidence was to the effect that Abraham Vinegrad possessed very little money, and he had failed to account for his ownership of- such a sum as ,£240. On November 2 tho Official Assignee's bailiff was forcibly ejected from the shop in Manners Street by Abraham Viuegrad. Since then a watch had been kept outside tho. shop, but no attempt had been made to re-«ntcr. At this stage Abraham Vinegrad came into Court. ' "I don't want to prejudice you in any way," said his Honour, addressing Mr. Vinegrad, ""Cut are you prepared, if I grant an adjournment, to allow the Official Assignee's bailiff to remain in possession of this property until tho caso has been decided.by tho Court? You havo turned him out once." Mr., Vinegrad: Tho way tho bailiff was in tho place? Yes, I will allow him. His Honour: Are you carrying on.tho business?—" Yes." What are you doing with tho money?— "Holding it." His' Honour: If these proceedings are determined in your favour, of course the money'is yours. If the case goes against you, the money belongs to tho Official Assignee. The terms which I shall imposo°on you aro that each day's takings shall bo handed over to tho Official Assignee until this case is decided. Mr. Vinegrad: I have to buy things and pay rent. .... ~ His Honour: Tho Officml Assignee could disburse any necessary payments. Mr. Toogood: His rent must be paid of course, but. wo don't want to. buy things. We submit Hint the business belongs to us. His Honour: If the defendant submits to the conditions I impose, the property remains in status quo. I. am suggesting now what is equitable for both parties— that the takings shall be accounted for night by night to the Official Assignee, and that necessary payments shall be made.

1 To Mr. Vinegrad: How much money have you in hand? Mi , . Vinegrad: Fifty pounds. Mr. Toogood: I submit that that money ought to bo handed over. His Honour: Yes, to the Assignee, in trust. - Continuing, his Honour said that should it eventually prove that the business bolonged to Abraham Vinegrad, it would be an injustice to close it down. Mr. Vincgrad here stated that somo parts of the i£so belonged.to him apart from the business. He had made rent payments from nrivate funds. ... His Honour ruled that should bo handed to the Official Assigneo in trust, and that Mr. Vinegrad should account for the remaining .filO. Tho business would bo considered in tho meantime as a going concern. His Honour then detailed the conditions upon which the business would bo conducted during an adjournment of the case. In brief, theso provide thnt the business shall .be conducted meantime by Abraham Vinegrad, under tho control of the Official Assignee. -Reasonable expenditure necessary in the opinion of -,the Assignee is to be made from the takings of the business. The caso was adjonrned until November 26, at 10 a.m. The question of costs was reserved. . . . THE ALLARDICE CASE, TO GO TO THE PRIVY COUNCIL. A short sitting of the Appeal Court was held yesterday morning to consider a motion in the case Allardico v. Alliirdice, which has been the subject of long continued litigation in the New Zealand Courts. The Chief' Justice, Sir Epbert Stout, and Mr. Justice Cooper were on the. bench. Mr. F. B. Sharp appeared for the respondents (children of Jas. Allardice, deceased, by his first wife). Mr. S. A. Atkinson, and with him Mr. A. Fair, represented the appellants. Leave to appeal to the Privy Council was granted subject to the terms laid down in a previous decision of the Court respecting maintenance. Both judges exSressed the opinion that the appeal was kely to fail, as no principle of law had been offended in the decision of 'the Appeal Court. • Tho Court adjourned until Monday, December 19. MAGISTRATE'S COURT. (Before Dr. A. M'Arthur, S.M.) FOR GOODS SUPPLIED. . The Palmer Engineering Co., Ltd., in liquidation, claimed .£l7 2s. Id. from W. Killeen, general smith,, of Wcstport, for shoeing iron, rasps, etc., sold and delivered. Mr. G. Samuel appeared for plaintiff company, and Mr. A', it. Casey for defendant. - Defendant ■ paid into Court 18s. 3d., value of rasps, and .counterclaimed .£l9 3s. 10d. general damages for alleged broach of warranty. After hearing ovidence, the Magistrate reserved decision until November 24. CLAIM FOR UNION FEES. ' The Wellington Furniture Union Industrial Union of Workers (Llr. E. J. Fitzgibbon) sued Horatio Hayward (Mr. Salek) for ,£1 Gs. subscription due to the union by'defendant for twelve months 190G-7, at Gd. a week. Judgment was given for the plaintiff with costs. UNDEFENDED CASES. Judgment by default was given for plaintiff in the following undefended cases:—Joseph lewis v. Charles Physick, £2 155., costs 11s.; Gordon and Gotch Proprietary, Ltd., v. Albert Aplin, ,« 18s. 6d., costs £1 3s. Gd.; Empire O.T Co., Ltd., v. -W. H. Eccles, £2 11s. Bd., costs 10s.; John Joseph M'Grath v. David M'Coonibs, M, costs 10s. JUDGMENT SUMMONSES. Frederick Jackson was ordered to pay £!) ISs. 6d. to Charles Eager on or before December 1, 1910, in default seven days' imprisonment. William Herbert Brewer was ordered to ■pay Jill 17s. Gd. to C. Pratt and Co. in or before December 1, in default pevin days' imprisonment. , . Walter Keay was ordered to pay £i Us. Id to Sargoqd, Son and, Ewen, Ltd.,'en. or before December 1, in default seven cUys' imprisonment. ■ . No orders were made in the following cases:—o J . -K. , Powell,v. Daniel Hickey, a cluim for .£lO Is.; Gd.; Jolin Guthrie v. Cbni'hd Smith, a claim for £3 Is. POLICE CASES. ; (Before Mr. W. G. Riddell,. S.SI.) Henry Edwards pleaded • guilty t-j a charge of using improper language Tl.e Mag'strate directed that a prohibition order be , issued against him, and imposed a fine of JB4, in default one month's iinr.iisciin.OTi,.. '.'.".' -'''~ ■Thomas Parkinson was charged with unlawfully deserting from H.M.S. Tauranga at Wellington, in November, 190 J. Inspector Ellison stated that owing to the length of time that had elapsed since the offence, the naval authorities hnd refused to take charge of Parkmson, and he asked that he be released from custody. Accused was accordingly convicted and discharged. Arthur Colgate pleaded gmlty; to a charge of disorderly conduct in Manners Street while drunk, .and, was fined 205., in default seven days' imprisonment, a prohibition order to issue ■ against him. Edward O'Reilly, on a charge of.drunk, ness, was fined 10s. in default forty-eight hours', imprisonment. Two first-oftenc! ing inebriates were each fined ss. ■ witli the alternative of twenty-four hours imprisonment. Another first offender was convicted and discharged. . .