A Curious Case.

Stratford Evening Post, Volume XXIX, Issue 124, 18 July 1911, Page 8

A Curious Case.

At Opunake Magistrate’s Court on Thursday there was heard an application arising out of the Landy case. Landy, who had been carrying on business as a butcher, suddenly disappeared some years ago. At the time of bis departure, Landy owed J. R. Stewart and Co. about £485, and Dandy’s assets were about £400; Stewart’s share of the assets would bo about 3-llths more than the oilier creditors. Mr Stewart entered into possession of the business; the proceedings were admittedly ultra vires. Subsequently Mr Stewart assigned the whole of his estate to three trustees. Mrs Landy, wife of the absent man, now made a claim on the money in hand to the amount of £45. It was contended by Mr Bennett, on behalf of Stewart, that whatever money Stewart and Co. held in Lundy’s estate, became assigned to the trustees in Stewart’s estate. 'The Magistrate: Oh, no, not trust money. Mr Bennett: Stewart and Co. was owed £485 and were justified in settling the share of the assets against the debt. The Magistrate: According to your own account Stewart took the estate as trustees for the creditors. Mr Bennett submitted Landy was bankrupt or insolvent. His Worship: How do you know? He was not made bankrupt although bo might bo bankrupt on paper. If Landy came back be could take an action for damages.

Mr Bennett admitted that and that Stewart would have a charging order against Landy, and would stand as good a show as Landy in getting an order. They held £44 of Dandy’s assets and Landy owed Stewart £420. The Magistrate: We will take it then as an admission that Stewart has £4O of Dandy’s.

Mr Bennett: £4O of Bandy’s, as against a debt of £420 owing Stewart. The S.M.: It would be a nice thing for the law to allow Mr Stewart to step in and take the assets and leave Bandy’s, wife and children in distress. J. B. Stewart, sworn : Prior to 1908 William Bandy was doing business with bis firm and got duto debt for £485 Is sd. Bandy loft without consulting- or warning anybody. He carried on the business - -of Bandy for some two or three months. Received for. cash sales £llß 2s 3d. When carrying on the business received £l3O 3s for the sale of the business and plant. Paid out £63 15s Id for distribution, etc., when carrying on the business. Paid stock purchase £9O 18s, wages £lB. :■/. The -Magistrate said he did not know how. it would end j. The whole thing was absolutely illegal. Mr Bennett: Admitting that, but if Bandy came back they would have a set-off. The S.M. : There is £l3O in Stewart’s hands. The thing is absolutely ridiculous. The sooner Mr Stewai t pays over that £l3O to some trustee for the- Bandy estate the better it woidd be for ail parties. Mr (low, for Mrs Bandy, raid they wore led to believe there was more than £44 in the estate. In reply to the Magistrate he said they were entitled to all moneys accruing. His Worship: Your claim is for £45 and I can only make an order for that amount. Order made accordingly.