SUPREME COURT.

Lyttelton Times, Volume CXXIII, Issue 15935, 22 May 1912, Page 6

SUPREME COURT.

CIVIL SITTINGS. Tuesday, May 21: (Before his Honor Mr J ustico Denniston). The Civil sittings of the Supremo Court were continued at 10 a.m. GERMAN BAY DAIRY COMPANY v. PUBLIC TRUSTEE. Tho German Bay 'Dairy Factory Com-pany-claimed from the Public Trustee, as executory of the will of G. Payling, the sum of £163 7s 6d and costs, for alleged wrongful conversion of cheese of that l Value.' - , . ;vv -Mr T. IV. Stringer, K.C., with him Mr Williams, appeared for tire plaintiff. Company and Mr Lane conducted the'-case fbrithe defence. ’The statement-of claim set forth that the plaintiff Company, duly incorporated, was the owner of a large quantity of cheese. The defendant, as executor of the will of Georgo Payling, was carrying on the business of a general merchant at Christchurch under tlic style of George Payling and Co., and the statement set forth that betwcon March '20;;i:l911, an df. June 23, 1911, the defendant wns.alleged to have wrongfully converted to - his own use 69941 b of cheese. The- value of the cheese was £163 7s 6d, and the plaintiff Company accordingly sought to recover that amount from the defendant. In the statement of defence the defendant denied that the plaintiff Company was duly' incorporated and denied that he had wrongfully converted to his own use any cheese. He denied that any cheese bought or dealt with by him was the property of the plaintiff As a further defence tho statement set forth that if the plaintiff were the owner of tho cheese, Charles A.’ Ashwin or L. H. Wreathall was a mer-ch-rrtile agent within the meaning of the Mercantile .Law Act, 1908, and one of such persons' was, with the consent of the plaintiffs, in pos,session of the cheese referred to in the statement of claim, and that tho defendant, by buying from such persons became tho owner thereof as he had’-received no notice at the time of the sale that the said Clrarles Ashwin or L. H. Wreathall was not- authorised to make the sale. Tlic defendant therefore claimed that the cheese was his property. Leopold Harold' Wreathall and Lytton Ditely, secretary for the plaintiff Company,’ gave evidence for the plam- ■ tills and Henry Edward Dillon, salesman for C. A. Ashwin, and Arthur Douglas Ford, manager for Payling and Co gave evidence for tho defence. After hearing legal argument Ins. Honor reserved judgment. DATES OF HEARING. •His Honor fixed to-morrow for the hearinp 1 of divorce cases, Thursday for the hearing of the .claim of D. W. Sampson v. J. S. Hawkes, £O6-/ for breach of agreement, and lhursdav week for the hearing of the case North Canterbury Hospital Board v. Ashburton Hospital Board, £lB3 for maintenance charges and arrears. The Court then adjourned till 10 a.m. next day. ;

TPrai Press Association.] AUCKLAND, May 21. At the Supreme Court to-day a young; foreigner named Paul Halley pleaded not guilty to a cliarge of assaulting Arthur Thomas and causing him bodily barm. His Honor'said he thought that prisoner’s act was an impulsive one and imposed a fine of £2O. Richard Wilson for indecent assault was sent to gaol for five years. WELLINGTON. May, 21. Decrees nisi were granted by the Chief Justido to-day in two divorce cases—-Lucius Charles Carey v. Edith Lilian Carey, on tho ground of adultery, and Elizabeth Annie Cliantler v. Frederick Chandler, on the ground of adultery.