DISTRICT COURT.

New Zealand Times, Volume XXXIV, Issue 5556, 18 January 1879, Page 3

DISTRICT COURT.

Friday, January 17.

(Before his Honor Judge Mansford and a jury of four.) TRUSTEES IN THE ESTATE OP ALEXANDER MACDONALD V. JOSEPH NATHAN. This was an action to recover £2OO for wrongful conversion of property at York House. Mr. Edwards appeared for the plaintiff, and Mr. Gordon Allan for tho defendant. Alfred Wise deposed that he supplied Macdonald with certain goods. By Mr. Allan : I knew that Mr, Nathan was owner of the property. Never (supplied Macdonald with goods before. Was never in tho house, Bernard Holmwood deposed that ho was a merchant residing in Wellington. He was formerly a partner in the firm of Zohrab, Knocker, and Co. The firm supplied Macdonald with certain goods. Macdonald said he was carrying on business in York House. Witness thought that tho furniture in the house belonged to Macdonald. Witness would not have trusted him with the goods had he known that the furniture was not his own. By Mr. Allan ; Macdonald said he would pay cash for the goods. This was said after the goods were booked. I have no recollection of telling Mr. Nathan that the goods would not have been supplied unless cash was paid for them. James Barber, butcher, deposed that he knew Macdonald to bo in possession of York House. Witness supplied him with goods. Knew nothing about the ownership of the furniture. As a rule, he looked over the trade circular. By Mr. Allan : I am one of the creditors in the estate. William Walsh, mariner, deposed that he was engaged as a bailiff to take possession of the ferniture in York House. An inventory was made of the goods. Remained there sixteen days.! Mr. Nathan put another bailiff in, the day after witness was in, for rent. Dimaut came up and demanded possession of the goods. Mr. Nathan subsequently came up and told his bailiff not to let any goods be taken away. Alexander Dimant deposed that he was trustee in the estate of Alexander Macdonald, and plaintiff in the present action. He was advised that the furniture could be sold to defray Macdonald’s debts, and he pnt a bailiff in possession. He went through the house and took an inventory of the things. They represented about £2OO. This closed the case for the plaintiff. Mr. Allan then addressed the jury, and called— Joseph Nathan, who deposed that he was a merchant carrying on business in Wellington. He gave his bailiff orders not to allow any goods to be removed from York House. The goods had been considerably damaged while in Macdonald’s possession. ' They only realised some £57 when sold. Edward Grafton, cashier in the employment of Nathan & Co., John Sutherland, bailiff engaged by Mr. Nathan, and Mr. Campbell, auctioneer, were also examined. Alexander Macdonald, the bankrupt, deposed that he formerly kept York House as a boarding establisement. The furniture was not elaborate, but fit enough for ordinary purposes. He became insolvent some time in October. He was ip possession of the goods up to that time. Mr. Dimant took them over by an order from the Supreme Court. He estimated the goods in the house to be worth about £2OO. Mr. Allan then addressed the jury for the defence, and cited several cases bearing on the present action. Mr. Edwards having replied, His Honor pointed out to the jury that the principal point for them to decide was whether the goods were in the order and disposition of Alexander Macdonald. If so, there must have been a conversion of the said goods, and it was for them to ascertain what their value was. _ The jury found a verdict for the plaintiff for £2OO. The Court then adjourned for a fortnight,