GORE.

Otago Witness, Issue 1949, 2 July 1891, Page 19

GORE.

Junb 30.— With the shortest day past the wor*t weather seems also to have gone. The past week, though cold, has not been so wetas the previous one, and there seems some hope of good, clear, frosty weather for a while. Thb Supbkmk Doubt Sittings.— Bo many of the inhabitants have been haunting the Supreme Court at Invercargill during the past fortnight that our streets, bare been perceptibly duller that usual. There were several looal oases heard — one of which, Ayson against Mao Gibbon and Wood, was reported in last week's Witness. Plaintiff recovered the value of the sheep and £125 damages. Another case of interest was that of Brennan V. Green. The following judgment was delivered : — " Where an agent for sale tells a property, which he Is entrusted to sell, to his own solicitor, and a few weeks after buys it baok from that eolioitor at the same price a« he gaye for i*>, the presumption which a court of equity ought to draw, in the absence of oonoluaivo evidence to the contrary, Is tbat the aaeDt for sale sold to his own solicitor simply for the purpose of getting by indirect means the property into htsAwn hands, he not being able, being agent, to set the property into his hands direotly. ~ Tbat of course is the o*se here, but there is a great deal more than that. In the present case the solicitor for the •seat for sale did not find a halfpenny of the pur-onate-money. It was found by the agent for sale; and not only that, but while the property was in the hands of the nominal purchaser, the proceeds of the tale of the crops on the property were received by the person who was the agent for sale, That of coarse strengthens the case as fcgainet the present defendant very considerably, and It would be neoestftry to bare the most conclusive evtdenge to. show

that under these circumstances he did not sell to Mr Fletcher with the intention that Mr Fletcher should afterwards re-convey to him , I do not know that it is nepessary to decide absoI lutely at the present inquiry that Fletcher was a willing party to the scheme, but I am satisfied from the whole of the evidence and from the further oiroumstance of the untrue statements whioh appear ' to have been made by Mr Green about the property, that his object in selling to Fletcher was to acquire ,fche property for himself. If Fletcher was not a party to an agreement with Green that he was to re-convey to the latter, still It is, I think, clear tbat Green, when he procured Fletcher to purchase, put him in such a position that Green knew be ould at any time get the property into his own hands ; and I have therefore no doubt that tbe proper conclusion Is that that wa» hfs intention when be made over the property, whatever Fletcher may have thought of the transaction. On the evidence before me I' should be departing. altogether from the wholesome tredltions of equity courts if I held that this transaction conld stand if the parties see fit to impeach it. The plaintiff therefore will be entitled to a decree. Its terms will perhaps be a matter of arrangementt" <Thb Gohh Fxbmkrs' Club -Mr G. M. Bell, not being able to attend the meeting of this body held on Saturday last, wrote to report that he had arranged with the Bluff Freezing Works to slaughter sheep at the meat preserving works at Orovdon siding. He commented strongly on the railway charges ; and the secretary of the olub was instructed to write to the Bailway Commissioners on the subjeot. Mr W. B. Anderson was elected a member of the club, and addressed the meeting at length on the weighing of oats by the Bailway department. The following case will give the tenor of tbe speaker.'* remarks. He said tbat of one truck, of grain an average, had been taken. He (Mr Anderson) sent the truck to one of. Che principal agents at the Bluff, who sent back returns for 5 ton 14owt. The farmer was greatly disappointed and dissatisfied, and thought it should haw weighed aa average of 61b per bag more. They said they could only corroborate their weight \&, the railway. How, tbe railway weighed only to charge, and did not bother about being strictly oorreot. '.Their weight, then, oame out at 4 tons 17owt, making a difference of i7owt against the farmer, who had considered himself defrauded of 4201b at the brokers' weights. Mr Sloan Miller advocated the construction of two waggon weighbridges—one at Gordon, the other at Gore— under control of the borough council. Mr Coutts advocated another application to tbe commissioners, and moved a resolution to that effeot, which Mr Anderson seconded. After an addition to the motion of a request to tbe borough council to put up dray weighbridges, tbe motion was put; and carried, and a vote of thanks passed to Mr W. 8.. Anderson for the trouble be had taken in the matter. t Jh« CotOHIAI, Bi.HK.— Mr Gowring. who was until lately ia charge of the Gore branch, has gone Home to Bngland for a six months' holiday. His successor, Mr W. M. P. Hall, was married last Thursday at Lawrence to tbe second daughter of our worthy U.M., Mr Bevell. ,