SUPREME COURT.

Star (Christchurch), Issue 5504, 3 March 1896, Page 3

SUPREME COURT.

Tuesday, March 3. i(Before His Honor Mr Justice Denniston.) IN CHAMBEES. PROBATES. Probate was granted of the wills of Samuel Hewlings, deceased, (Mr Cotterill), G. W. Hall, deceased, (Mr Wynn-Williams), John Oakley, deceased, (Mr Eussell), W. F. Warner, deceased, (Mr Wynn-Williams). BE W. A. GRAY (LUNATIC). Mr Bruges applied, for the appointment of a Committee in the estate. The application was granted pending His Honor's ascertaining that he had the power to accept the security in the particular way asked for. IN BANKRUPTCY. His Honor sat in bankruptcy at 11 a.m. discharges! His Honor granted orders of discharge to W. Triggs (Mr Stringer), and George Gorrie (Mr Eussell), the latter discharge being subject to an affidavit being filed that the principal creditors had received notice of the application. H. TBENGBOUSE AND CO. V. THE OFFICIAL ASSIGNEE. This was a claim for the sum of J6318 ls 7d, in the bankrupt estate of Edwin Steeds. Mr Beswick appeared for the plaintiffs, and Mr Stringer for the Official Assignee. Mr Beswick said that Trengrouse and Co. were produce brokers in London. The bankrupt, Steeds, when in London, was employed by the Central Dairy Company, of Christchurch, to sell butter on commission. The company arranged to draw upon Steeds at thirty' days. Por some time ' he took up ' these drafts himself, but ultimately being unable to do so he applied to Trengrouse and Co. for the money, and gave them the goods to sell. Steeds then returned to New Zealand, leaving certain butter in the hands of Trengrouse and Co. for sale. This fact was communicated to the Central Dairy Company. The butter was ultimately sold and the account sales were rendered to Steeds, who became bankrupt. There was a loss on the butter referred to. The amount of the reclamation was admitted by the Central Dairy Company, who paid the amount to the Official Assignee in Steeds's estate. The plaintiffs alleged that it was arranged prior to the receipt by the Official Assignee of this money that he should hold it for whoever should be ultimately entitled to it, either Steeds's estate or Trengrouse and Co. That arrangement was denied by the defendant. The case was virtually an interpleader action. Edwin Steeds deposed that he was to receive 5 per cent on the butter he sold-. The loss on the butter left in London amounted to .£320. To Mr Stringer : When he went to England the understanding was that he was to dispose of the butter himself in London, and it was only when his own financial resources failed that he applied to Trengrouse and Co. Previously had a credit for an amount with the National Bank. Had financed on the butter with other firms, before and after his dealings with Trengrouse and Co., in order to meet different drafts. Trengrouse and Co. agreed to give him 2 per cent out of 5 per cent chargeable against the f actory. Had told them that he could charge 5 per cent. Trengrouse and Co. knew the butter was coming' from the Central Dairy Company. Occasionally there were profits on the butter which Trengrouse and Co. paid over to him. Some profits they -retained against money which he owed them. When he left London for New Zealand Trengrouse and Co. had given him credit to the amount of .£20,000 to buy butter for them. The butter on which the loss was made arrived in London before he left. When Trengrouse and Co. forwarded these account sales, he was already bankrupt. Frederick 'N. Meadows, secretary to the Central Dairy Company Faotory in 1893-4 and 5, deposed that Steeds, on his return from England, informed him that some of the company's butter was still stowed in London. A cable was sent that the butter should be sold at once, as the company preferred this to further storage. The butter was sold, and the account sales sent to Steeds. The reclama-" tion on the account sales represented the difference between the drafts paid by Trengrouse and Co. and the amount ■ realised by the sale of the butter. Steeds ■ informed the company that Trengrouse and Co. had paid the drafts on Steeds's representations that the company was financial. To Mr Stringer: The company discounted these drafts in Christchurch. Mr Stringer applied for a non-suit on the ground that the plaintiff had failed to establish any privity of contract between Trengrouse and Co. and the Central Dairy Company. The question was whether the plaintiffs could haVe sued the Dairy Company for the amount claimed, and he submitted they could not. ' He quoted the case of Fowler and Wilkie (New Zealand law reports) in which the claim had been dismissed as no privity of contract had been shown. [Left sitting.] [Per Press Association.] WELLINGTON, March 3. F. J. M'Glashen, convicted of theft at All Saints' Church, Palmerston North, was sentenced to two years' hard labour, His Honor remarking that there were seven previous convictions against the prisoner in .iree years. DUNEDIN, March 3. In the Supreme Coiu*t to-day Lena Bibby was convicted of larceny, and sen- • tenced to one month's imprisonment.