DISTRICT COURT,-IN BANKRUPTCY

Patea Mail, Volume VIII, Issue 84, 15 July 1895, Page 3

DISTRICT COURT,-IN BANKRUPTCY

Thursday, July 11. (Before His Honor Mr District Judge Kettle.) hurley’s bankrupt estate. —LEWIS’ BAILMENT, This was a motion by Mr Barton, on behalf of the D 0.A., to set aside a bailment of the machinery, plant and chattels at the Alton Dairy Factory, granted by Charles Lewis, of Manaia, publican, in May, 1894, to the bankrupt. The case had been commenced on May 10, and adjourned with a view to a compromise. Mr Caplen (with him Mr Bennett, of Manaia) opposed on behalf of Mr Lewis. On being now called on Mr Barton said that a compromise had not been effected, and he would now call evidence as to what were fixtures and ■what were not. He was prepared to admit that he could not succeed as to portions of the goods and chattels, consisting of fixed motive power, steam pipes, etc. but as to the balance he persisted in his motion. Ho claimed a Danish butter-worker, set of scales, 3500 feet of shelving, milk vat, water tank, cooling vat, 12 cream tins skim milk tank, separator, 5001b churn. Mr Caplen disputed the Danish butter-worker valued at £2O and water tank, which were fixtures, the worker being nailed to the floor and the tank connected by pipes. Mr Barton called evidence which showed that the worker was not attached to the floor, and witbdiew claim to the tank. His Honour made an order declaring the bailment void as against the D.O.A, so far as related to articles specified in the first and second schedules, viz, 1 Danish butter worker, 1 churn, 1 set scales, 350 ft cheese chelving, 1 milk vat, t cooling vat, 12 cream tins, 3 wrenches 2 hammers, 1 skim milk tank, 1 150 gal separator, and articles at Alton; and d< creed that these articles were the property of the D.0.A., and that they he handed over forthwith. His Honor said as to the question of costs it was entirely in the discretion of the Court, and in awarding t osts the Court locked at the conduct of both parties The merits of the case were entirely in favor of Lewis, who was losing some of his security, not through his fault, hut because a bailment had been given instead of a hill-of-sale. No doubt the claim by the D,O.A. was a legal one. He was satisfied of this after hearing the authorities Mr Barton had citiocl on the first day, hut it was a technicality. No order would be made as to costs.—Hawera Star,