MAGISTERIAL.

Star (Christchurch), Issue 6290, 22 September 1898, Page 3

MAGISTERIAL.

CHRISTCHURCH. Thursday, Sept. 22. (Before Mr C. M. Gray, J.P., and Mr J. J. M. Hamilton, J.P.) Drunkenness. — Phoebe Dartnell was fined 10s and costs, in default forty-eight hours' imprisonment. Alleged Breaking and Entering. — Robert John Galloway was charged with having, on Sept. 21, at Christchurch. broken into and entered the shop of William Thompson, and stolen therefrom .£4 in money and one gold watch and chain value £8 10s. He was remanded till Sept. 29. Alleged Attempted Suicide. — A young girl was charged with having, on Sept. 21, attempted to commit suicide by drowning herself in the river Avon. She was remanded till Sept. 29. (Before Mr R. Beetham, S.M.) Civil Cases. — The following cases went by default:— T. Bunting v. H. A. Wheeler, claim .£ll 15s 3d; W. Harris v. J. G. Hughes, .£3 18s ; D. W. Brown and Sons v. L. A. Langley, .£44 14s 6d.— James M'Kay v. j. and A. Hamlin, a claim for £2 11s and possession. Verdict I for plaintiff.— G. W. Hulme y. Cook and Gray. Mr Stringer for the plaintiff, and Mr George Harris for the defendant?. The claim was for .£B2 ss, and arose out of certain sums of money in connection with the liquidation of the estate of the " SpecI tator" newspaper, which the plaintiff. } sought to recover as the trustee, or to have divided amongst the creditors in the estate. The plaintiff in his evidence stated that he was manager at Christchurch for the defendants for about four years, and that he left their employ in May last, He was (as the servant of Cook and Gray) appointed trustee in the " Spectator " estate, the money was collected and paid into an account in the National Bank called " No. 2 account," which was in his name, and against which he drew cheques. Cross-examined by Mr Harris : It was not the rule of the firm to allow branch managers to assume trusteeships, and he had no instructions to do so in this case. He did not operate on the account in the nameof Cook and Gray, H§ did, jraw cheques on N0.2 acci/aut foi 1 his private purposes. Mr Stringer objected to this cvi- . dence as irrelevant. Mr Harris continued : •^Plaintiff did occasionally draw cheques for general office expenses. On Dec. 27, 1897, an entry appeared in the bank book of <£87 10s, which represented the " Spectator " money. W]hfcn he received money he generally paid it into No. 2 account. Nc. 2 account was necessary to the carrying on of the business, to obviate loss of time and inconvenience arising out of haviug to send away the cheques on Cook and Gjray's account for signature. At balancing time all such items as were his private ones in No. 2 account were debited against him in his private account in .Cook and Gray's books. Balances took 'place every half-year. On Jan. 31, 1897, his account showed a debit of about ,£4 16s. Included in his credits was a sum of .£37, being a transfer from a fellow employee named Tomlinson, which he had borrowed and repaid in "July, ; 1897. :At'th^..t-ÜBfihif square." 'He "csm'ni'uuicated • wfth'Mif Cook ■on -office business, and vMr; Cook reposed.great confidence in him. Balance sheets .were furnished, half -yearly. An ; entry in tne cash book in . December, 1897, Bhowed , .'that Cook and Gray had received the money from Mr Meares, . N,o, g account was started in VQ&fwhl^tibS '.""-"TSo Sidle was taken until February, 1897, when the firm bocame aware of the existence of No. 2 account. Mr A, Fergusson, manager of the National Bank, stated that Cook and Gray had an ordinary and a trust account. Mr. W. Gray, one* of the defendants, stated that it was the practice of the firm |to accept assignments and trusteeships. Hulme was not authorised to accept such. The firm experienced difficulty in getting balance-sheets from Hulme. Witness had no . knowledge of the No. 2 ; account until affer the audit in January, 1898. Hulme left in May last, and his position, as disclosed by the audit, was that he owed the firm =£150, which he paid. On Dec. 18 the firm received £87 10s; and the cash bock showed ..that it had been paid into No. 2 account on Dec. 22. ' Hulrae held positions as secretary foe. companies, and his salary went to the firm. Did not know who signed the cheques for the Christchurch branch as he lived at Auckland. .Mr Harris submitted that in the deed of •assignment to Hulme no mention was made of his acting for Cook and Gray, and that the paying of the money into No.. 2 account, which he claimed was Hulme's private account, practically was payment ; that his clients had no knowledge of the account until after th 6 money had been paid in, [ and that the plaintiff had delayed the issue of balance-sheets with the view of misleadI ing. Mr Stringer claimed that any set-off which might be made by the^defendants against Hulme, in a private capacity, could not affect his ' position as truscee of the creditors in the estate. His Worship said it was to be regretted that No. 2 account was instituted, and the disputes which appeared did not, in his opinion, affect the beneficiaries in the estate. Judgment would therefore be given for the plaintiff. A somewhat similar case was adjourned until Monday next. — Malvern Road Board v. F. H. Labatt. This was a claim for .£l7 lls Id for rates against the Midland Railway Company. Mr Hall appeared for Mr Labatt, who was not the legal representative of the fompauy. The plaintiff was nonsuited with costs 21s.