R.M. Court.

Southland Times, Issue 11438, 24 April 1890, Page 3

R.M. Court.

Wednesday, 23rd April. (Before C. E. Rawson, Esq., R.M.) JUDGMENT. Phcenix Printing Co. v. Southland Education Board.— Claim, L 49 10s 6d for work done.— Mr Hall for the plaintiffs, Mr Harvey for defendants, and Mr Rattray for the Deputy -Assignee in Bankruptcy.— The evidence in this case had been heard at a previous sitting and judgment reserved.— His . Worship said he had written out the following judgment before hearing the motion in the District Court. to upset a sale of printing plane from E. H. Whitmore, a bankrupt, to his daughters, and on Monday morning, before the motion came on, had handed it to the clerk who had retained possession of it since. It was therefore' evident that his judgment in the R.M. €onrt case had been in no way affected by what he heard in the District Court. The judgment was as follows : — This is an action for goods supplied and work a«d labour done by the plaintiffs for the defendants at agreed prices in the months of October, November, and December, 1889. The plaintiffs, supported by their witness Edward Whitmore, deposed on oath that on the Ist September, 1888, they had purchased the business and pla.it from their father, and that they are the registered proprietors under " The Printers and Newspapers Registration Act, 1868." Defendants admit that the work was done and the goods supplied, and that the prices charged are according to agreement — in fact admit their liability to the plaintiffs. A notice was served upon the defendants by the Deputy-Official Assignee in the estate of Edward Whitmore (father of the plaintiffs) as follows : — " Invercargill, Bth April, 1890. James Harvey, Esq., solicitor. Dear Sir, — I am instructed by the Deputy-Official Assignee in Bankruptcy of the property of E. H. Whitmore. to give you notice on behalf of the Education Board of Southland that he claims as part of the assets in the estate of the said E. H. Whitmore the sum of L 49 10s 6d for printing done by the said E. H. Whitmore under the name of the Phoenix Printing Company for the Education Board. Yours truly, R. H. Rattray, solicitor for the Deputy Official Assignee." I gather from the remarks made in Court by the solicitor appearing for the Deputy-Official Assignee that a motion is pending in the District Court, where evidence will be tendered to show that the alleged sale of business and plant was fictitious and void. I assume the object of the notice is to inform the defendants that Whitmore, the debtor, is himself the real plaintiff, and that therefore money due to him; is to be paid to the Assignee in his estates and that if they pay the money over to the present plaintiffs they do so at their own peril. Having received this notice the defendants, fearing the consequences if they pay the present plaintiffs, have allowed themselves to be sued. But in this Court no evidence is produced befo/e me to show that the present plaintiffs are not entitled to the money, nor do the defendants plead that the present plaintiffs are not the proper parties to sue. I must therefore give judgment for the plaintiffs in this action, with costs L 3 16s. I shall however give the defendants fourteen clear days' time in which to pay the amount of this judgment, which I have J power to do under section 47 of the Resident | Magistrates Act, 1867. This is not an unreasonable grace to grant the defendants, nor an unreasonable disability to impose on the plaintiffs, because for a similar amount recovered in the District Court, as appears by rule 171, a defendant is allowed fourteen days' time after judgment. Defendants will probably act wisely by paying the amount • into the office of the Resident Magistrates Court on, and not before the morning of Thursday, the Bth day of May. If the official Assignee is advised that he has a claim on the money, no doubt he will in the meantime be advised as to the course to lie adopted to establish that claim.