BILL OF SALE CASE

Evening Star, Issue 18336, 25 July 1923, Page 2

BILL OF SALE CASE

OR AX TEL’S RIGHTS. [Feu United Pkess Associate!?.! WAXGAXUf, July 2b „ Mr Barton. S.M., gave an important judgment this morning in the case of the Crown versus the Wanganui Meat Freezing Company. The Crown sued as grantee of a hill of sale given by certain discharged soldiers under the provisions of the- Discharged Soldiers’ Settlement Act, 1915, its functions in this transaction being exorcised by the Commissioner of Crown Lands for (lie dominion. The bill of sale in question was executed on February 10, 1920, flic grantors being Henry David Cameron Simson and Albert. Allan Street.. described as fanners, of Wanganui, and it assigned by way of sccnrilv for advances under the Discharged Soldiers’ ,Settlement Act, 1915, certain live stock and the land comprising the farm. Plaintiffs case against defendants was that on or about April 4, 1922, whilst ibis bill of sain was in force, (lie defendants took delivery from Albeit Allan Street', one nf the grantors, of thiiiyeigbt fat sheep, part of the slock comprised in the security, by way of purchase, and paid to the said Albert Allan .Street the purchase price thereof—namely, the sum of £37 Is—thereupon converting to the defendants’ own use the thirtyeight sheep. The plaintiff alleged that this was an unlawful dealing with the plaintiff’s property, amounting to wrongful conversion, and the.voforo claimed by these proceedings to recover the sum of £57 ICs. Tho magistrate held that the bill of sale wa-s a valid mortgage of the chattels in legal estate. This legal mortgage was not affected by tho fact that possession of the sheep "was left with the grantors for the considerations, and reasons ,which led the Legislature (by tho various Bills of Sale Acts) to pronounce such a bill of sale in tho hands of an ordinary commercial holder to be a discredited security can have no reference to the Crown. Judgment- was given for plaintiff for the amoiuiti claimed, with costs (£l2 ]/tft 6d).