SUPREME COURT.

Lyttelton Times, Volume XCV, Issue 10918, 28 March 1896, Page 3

SUPREME COURT.

IN CHAMBERS. Friday, March 27. (Before his Honor Mr Justice Denniston.) RS JAMES JOSEPH MURRAY, DECEASED. Mr Kirk, for Mr Fuller, obtained letters of administration herein. BE JAMES STARK, DECEASED. Mr Bishop obtained' leave to register probate copy of will herein. IN BANCO. TRENGROUSE AND CO. V. THE OHSTCAL ASSIGNEE. His Honor gave judgment in the case of Trengrouse and Co v. the Official Assignee in the bankrupt estate of E. Steeds, in which the plaintiffs claimed =B3IB ls7d, the amount of a loss on certain butter sold in London. Steeds, when in London, was employed by the Central Dairy Company to sell butter on commission. The company arranged to draw upon Steeds at thirty days. For some time he took up these drafts himself, but ultimately being unable to do so he applied to Trengrouse and Co. for the money, and gave them the goods to sell. Steeds then returned to New Zealand, leaving certain butter in the hands of Trengrouse and Co. for sale. This fact was communicated to the Central Dairy Company. The butter was sold, and the account sales rendered to Steeds, who became bankrupt. There was a loss on the butter. The amount of the reclamation was admitted by the Central Dairy Company, who paid the amount to the Official Assignee. His Honor said that the position of the parties was the same as if the plaintiffs were suing the company, after notice of their claim. His Honor said that there were clear authorities that in a case such as the present there was no privity between the company and the plaintiffs, and that the one could not sue the other for damages or commission respectively. The plaintiffs, however, relied mainly on the allegation that the money received by Steeds from them was received by him as their agent, and for the purpose of taking up the draft, and had been so used by him, and that the company, having received and had the benefit of such money, it was properly recoverable by the plaintiffs as money had and received to their use. His Honor did not think, that Steeds could be said to have obtained the money from the plaintiffs as the agent or on behalf of the company. Judgment was given for defendant, with costs as per scale, disbursements, witnesses’ expenses, and A 3 3s fee for second counsel. TOD V. TOWNSHEND AND THE PUBLIC TRUSTEE. Mr Wilding, for the plaintiff, Elizabe'h Tod, widow, applied for a decree removing Edward Townshend from the office of trustee of the will of James Tod, formerly of Lincoln, farmer, deceased, and for the payment by him of certain moneys alleged to have been misappropriated. Mr Loughrey appeared for the Public Trustee, who is acting as representative of a deceased trustee under the will, and who submitted to the decision of the Court. The defendant Townshend was not represented. His Honor made the decree as prayed, with costs, against the defendant Townshend. ' ;