AUCKLAND SUPREME COURT

New Zealand Herald, Volume XLIV, Issue 13480, 3 July 1907, Page 5

AUCKLAND SUPREME COURT

I DISPUTE OVER A DIVING DRESS. The sitting;, of the Auckland Supreme ' Court in civil jurisdiction were continued : I yesterday before Mr. Justice Dcnniston. i 1 Archibald McGregor (Mr. J. K. Reed) I .'proceeded against .John Kiley Median and .John Newport Parkes (Mr. G. M. Newton) j for an issue of facts to determine right to (goods and chattels. The action was an interpleader summons to decide the ownership of a diving dress and gear, which was [stored by the Jcfcndants with the Devonport Ferry Company, and was claimed by the plaintiff as Ids property. ! Mr. Heed said the plaintiff undertook to ! make a: diving dress, but, be-fore he had completed it his money failed, and plaintiff i borrowed a sum of money from the defendants to complete and patent the dress,' j which was .-aid to he of a special make and . fit. The defendants claimed that they had , a lien upon the diving dress. Mr. Newton said the diving dress and gear was made at the cost of the defend- j '■ flits, who claimed ownership. ' j ; ! Mr. Reed went on to say that- the Admiralty had been approached, and a test I made of die diving dress. A further reI quest, had been made by the Admiralty to [test the dress, but the plaintiff could not , 'obtain it. i] His Honor said he saw no necessity for sj calling- evidence in view- of the agreement.! « '• It seems a stupid thing to have this div- | ling dress locked up and no use made of it," . continued His Honor. "Very likely the J parties will go to the expense of producing J another dress for the purpose of testing it, \ I but that is a matter for them. It would lie 'Ito the interest of all the parties to have the 'jdress and gear tested." His Honor then I I adjourned the case in order to consider the •jlaw on the point as to what "premises" • j meant in connection with the buildings J | where the. dress, was stored and which were 5 mentioned in the agreement; also whether .lit made the defendants part owners of the | dress or whether the agreement gave any lien over the diving dress and gear.

A OASU SETTLED. In tho case of „ho Northern .Estate Agency and Finance Company, Ltd. (Mr. | Burton) v. George Frederick Brimhleeombe (Mr. Raima), a claim for £146 on a promissory note, Mr. Burton informed tho | Court that, he and Mr. Haniia had agreed for judgment to bo entered for the plaintiff. Mr. If anna concurred. His Honor entered judgment accordingly for plaintiff. BANKRUPTCY' APPLICATIONS. His Honor held a sitting in Banco, when jan order for discharge was granted to Andrew Mows on tho motion of Mr. G. Mc- ! Lean. | A similar application was made by Mr. Skeltou on behalf of Peter Anich. " The ! bankrupt, on oath, said he had been i\ storekeeper at Waipu. His premises had | been destroyed by fire, and his books were lost. Ho was now working in a gum store on the Northern Wairoa. He began business a second time, but he had another fire. His premises were insured for £200, but the j insurance company only gave him £72. j His Honor said ho required further in- ] formation before ho could grant the discharge. On the application of Mr. Basloy an order of discharge was granted to Charles Kingsley Smith. On the application of the official assignee i (Mr. E. Gerard) motions for orders of re- ! lease were granted in the following esj tates:—Richard Wright (supplementary), storekeeper, Opotiki; Joseph Graham Percy j (supplementary), saddler, Auckland; Samuel Pa-scoo, shoreman, Auckland; Johnson Hill, cabinetmaker, Auckland; Augustus Lipsey, gentleman, , Auckland; Jannctfc Musgrove,' grocer, Auckland; Rosetta Retallaek, boardI inghouse-kceper, Karangahake; Ebenezcr Hadrill, produce merchant, Paoroa; James Thomson, gentleman. Mount Roskill; Albert Road, bootmaker, Mercury Bay; Frederick Piatt Blackmore, settler, Auckland; Arthur Ernest Stevens, storekeeper, Thames; George Walsh, board inghousekoeper, Mangapehi; Henry George Walmsley, commission agent, Tauranga; Joseph Gardiner, commission agent, Ongarue; Ro'berfc Butler and wife, storekeepers, Opot.iki; James Croniu, storekeeper, Dargaville; James McGowan Lottglilin, storekeeper, Thames; Edward Swann, grocer, Raglan; John Thomas Nelson, bootmaker, Whangarei ; James Hunter, labourer, Newmarket; Lui Bakalicli, storekeeper, Mangonui; Charles Grant, bootmaker, Ponsonby;_ Benjamin Harris, draper, Ponsonby; Daisy L. Fasouc, storekeeper, Auckland; Alexander McAulay, island trader, Auckland: Percy Jackson, laundryman, Auckland; William A. Clarke, builder, Auckland; Richard Chilcott, jeweller, Hamilton; Herbert Subjritzky, hotelkeeper, Awanui ; William J. J. McCready, saddler, Opotiki; Herman Ruppa, storekeeper. To Kopuru; Emit Piltz, Itrader, Rarotonga; H. Fountain and Co.. j I storekeepers, Parnell; Henry Olson, store-1 keeper, Waihopo; James Sherlcy (deceased), storekeeper, Putaruru; George Curson, tram conductor, Ponsonby; John Cliaafc, sen., horse trainer, Oueluinga; Thomas Burgess, butchers' assistant, Pukekoho;: John Grant; hotelkconer, Thames; Thomas Bennett, carpenter, Rotorua; Francis J. j Lovegrove, painter, Rotorua: Half W.' Waber, wheelwright, Kaco; Henry Spitz, hawker, Ponsonby; John O. Lcgg, baker, Auckland; Robert E. Bell, storekeeper, Epbom; Thomas F. White, grocer, Ponsonby; Robert Salmon, butcher. Auckland ; Sydney ILaycock, hotel keeper, Ellcrslie; Richard ißogers, picture framemaker, Grey Lynn; Joseph May and William Dibble, farmers, To Aroha; John W. Comber, commercial | traveller, Ponsonby.