An Important Case.

Evening Post, Volume XLI, Issue 77, 2 April 1891, Page 4

An Important Case.

The Argus of the 17th March contains the following in reference to a case, Penglaae v. Bank of New Zealand, whioh has been recently alluded to in our news columns: — "'lhe action was tried before Mr. Jnatice Webb, and the olaim was for the return of certain certificates and a Crown grant of title whioh had been lodged by Mrs. Penglaße with tho bank to secure her husband's aooonnt, and alao for £1000 damages for tho wrongful detention of deeds. It appeared that in 1888 Mrs. Penglase owned some land at Essendon and Riohmond worth about £12,000, and in September of that year she and her husband wrote a letter to the Bank of New Zealand stating that they wero going to England for twelve months, and they sent Bix deeda to the Bank for safe keeping, whioh the Bank was to hold aa against Penglaae's account for that period. In January, 1889, the Bank lodged a caveat with the registrar of titles forbidding any dealings with the intereat of the plaintiff in the land, olaiming that it waa subject to a oharge of £7029 la lOd. The defenoe was that the Bank held the deeda as security for the indebtedness of Penglase jointly with other pereons, and that the joint liability amounted to the sum of £8211. An application waa made yesterday by Mr. Mitchell to Mr. Justioo A'Beokett to grant a stity of execution until the determination of an appeal whioh had been lodged against Mr. Justice Webb's decision on the grounds that if the stay of exooution was not ordored in respect to the payment of the £10.000 or the return of the deeda the defendants would lose the benefit of their lien on the deeda if they were sucoeaßful on the appeal. Dr. Madden opposed the application. His Honour granted a stay of execution until after the decision of the appeal, and ordered that the bank Bhould pay 6 per cent intereat on the £10,000 to the solioitor for the plaintiffs, the payments to be made monthly, on the understanding that the amount should be paid back if the bank succeeded in their appeal.

A WATCH LOST AND POUND. Mr. Willaad J. Parktt, proprietor of th» Mineral Spring Stook and Pastnre Farm, at Junotion Citj, Earn., writes in regwd to a Waterbnry watoh :— Four years ago I had a boy working for me, and some time in August, 1885, he traded for a Waterbury, and, boylike, ho scratched hi* initials on the baok oase. He lost the watoh in the hayfiold the seoond day after trading for it, and could not find it. A few days since my little girl, while raking hay, saw something glisten. When the horse and rake had passed over she ran to it, and behold it was a Waterbury. She brought it to me, and there were the soratohed initials, proving it to be the watoh whioh was lost fonr years ago. Sinoe the Watoh was lost I hare made hay on the ground three times, and have had three prairie fires pass over the watoh ; yet when my daughter bronght the watch to me I wound it up, and was surprised to lee it begin running, and still more so to find that it keeps accurate time. T am oarrying the watoh myself. The oryattl was oraoked, and tho case somewhat tarnished, bat otherwise none the worse for wear. The watoh is Bite a treasure in the amily. The children each want to wind tho " ticker" as they call it. Ttf" E W S FROM FIJI. Levuka, 19th November, 1889. Gentlemen, — "Desiring to sxpreas my admiration of the Waterbury Watch, I place on record the following faots in connection therewith that I am personally acquainted with, viz., that for the last two years I hava constantly carried a Watorbury, and have always found it to keep excellent time. I have made a point of often comparing it with a £12 12s Waltham and a ship's ohronometer kept by the harbourmaster, and hare very rarely found it to differ in reading from either. I can also state for a fact that Waterbnrys are worn in preference to others by several of the most prominent business men of this town." — L. Johnston. P.S.— I also tima tho Bank of N.Z. elook with it.