RIGHTS UNDER BILL OF SALE

Evening Post, Volume LXXXVIII, Issue 32, 6 August 1914, Page 2

RIGHTS UNDER BILL OF SALE

SEIZURE OF STOCK BY BAILIFF. A question relating to the seizure and sale of stock covered by a bill of sale came before Mr. W. G. Riddell, S.M., in the Magistrate's Court to-day- Kenneth Douglas, solicitor, proceeded against the South Pacific Mortgage and Deposit Company for the sum of £17 10s, value of stock wrongfully sold. The statement of claim set forth that on or about 23rd March, 1&14, the .defendant bargained and sold to the plaintiff certain goods, chattels, artd stock, possession whereof was given to the plaintiff on that date, and by a sale note and receipt dated 23rd March. On or about Bth June a portion of the stock (three cows) comprised in the sale made by defendant to plaintiff was seized and taken possession of by the bailiff of the Magistrate's Court, acting under execution in an action, Dalgety and Co., Ltd., v, Easier. The plaintiff , lodged an • interpleader casej in respeot Of such stock, and at the hearing of the interpleader proceedings, after evidence had been given by H.'Bird, secretary to the defendant company, the Court held that the present defendant had no title,' to the stock seized by the bailiff, and cduld not, therefore, sell the same to plaintiff, and accordingly gave judgment for Dalgety and Co., Ltd., the then plaintiffs in that action. - The plaintiff had, in order to protect himself from further damage, costs, and expenses, been com- , pelled to repurchase the stock from the bailiff, and to' pay the sum of £17 10s as purchase money. Wherefore, plaintiff claimed from the defendant the sum of £17 10s, value of the stock wrongfully sold to the plaintiff by the defendant, and for which tho defendant had no title, and 17s 6d Court fees and disbursements incurred by plaintiff by reason of having to interplead in the action of Dalgety and Co., Ltd. v. Hasler; or, in the alternative, plaintiff claimed the sum of £18 7s 6d for damages suffered by reason of the wrongful sale by defendant to plaintiff of the stock, and of their seizure. by the bailiff. After, hearing Sir Kenneth Douglas, who appeared on his Own behalf, and Mr. F. P. Kelly, who appeared for' the defendant company, his Worship reserved judgment.