MAGISTRATE'S COURT.

New Zealand Herald, Volume XLVIII, Issue 14746, 31 July 1911, Page 5

MAGISTRATE'S COURT.

SALE. OF. A BOAT.

The hearing of the case of the Clapham Gaslight and Manufacturing Agency Co., Ltd. (in liquidation) versus Alfred Taine, ship broker, which was commenced early last week, beforo Mr. C. 0. ; Kettle, S.M., was continued, but not concluded, on Saturday morning'.' The case for the plaintiff-was was that in June, 1910, Herbert Clapham, who was the owner of the ketch Waitangi, sold her to the company, ; which gave him promissory notes for the purchase price. Before these notes became duo Clapham, fearing that they . would riot be met, instructed to sell the ketch, and she ; was disposed of for' £44. This money" was not handed over to the company, but was placed in the hands of Mr. A. L. Denniston, solicitor for the dofendant, until the question of ownership was decided, and the company now claimed that sum, contending the property in the, boat had passed from Clapham to the company. The . defence was , that Taine had - not r known 'the company in the matter at all,. but had acted solely as agent for Clapham,.' who said he had sold to the company on condition that possession should not bo given iuntil the bills were met. As they were not paid - ho- instructed Taino to sell. Mr. R. W. Hill appeared for the plaintiff, and Mr. A. L. Denniston for the defendant. The evidence was" concluded, and argument will be heard to-morrow,