In Banco.

Daily Telegraph (Napier), Issue 6263, 26 September 1891, Page 3

In Banco.

(Before Sir J. Prendergast, C.J.)

DEPUTY OFFICIAL ASSIGNEE V. •_. J. STEELE. Mr Sainsbury appeared for the appellant, who is Assignee in the bankrupt estate of J. G- Kinross, and Mr Cresswell appeared for the respondent. The facts of the case are that J. G. k Kinross and T. J. Steele were partners aa sheepfarmers, but Kinross filed, and the Assignee took charge of his property. After the bankruptcy William Hamilton/ who owns property adjoining Kinross and Steele's, erected a fence and claimed half the cost from the Assignee ""'- (£6l odd). Mrs Steele (wife of the dewho also owns property adjoining, erected a dividing fence subsequently, and claimed half its cost from the Assignee (£54 odd). Under threat of execution the Assignee paid both these claims in full and then sued the respondent Steele for his half. 'lhe case was dismissed by Mr Booth, R.M., on the ground that ho had no jurisdiction. Mr Sainsbury asserted that Mr Booth had power to deal with the case, and quoted a number of authorities on the' subject. Mr Cresswell replied to the arguments of Ida learned friend, and also quoted authorities in support of Ma position. The Chief Justice reserved his decision.