INTERPLEADER CLAIM

Wanganui Chronicle, Volume 77, Issue 104, 4 May 1934, Page 4

INTERPLEADER CLAIM

CASE AT WANGANUI. SEIZING OF PROPERTY. An interpleader claim for property valued at £43 7s 2d was allowed Mrs. R. G. McLeod and her son, Mr. C. M. McLeod, by Mr. J. Q. Hewitt, S.M.. at tho Magistrate’s Court at Wanganui yesterday morning. Plaintiffs, who have become bankrupt, claimed that the goods of the Wanganui Case Co seized by Messrs. A. and T. Burt Ltd . under a distress warrant against Mr. C. McLeod senior, an undischarged bankrupt, belonged to them and not to the company. , Tho ac tion was taken on th© instruction of the Official Deputy Assignee at Wanganui, Mr. E. M. Silk, who claimed that the goods distrained on were part of the assets of tho bankrupts’ estate. Mr. W. A. Izard represented the Deputy-Official Assignee, and Mr. E. B. Tustin appeared for the execution creditor, Messrs. A. and T. Burt. Evidence was given by Bernadotte Suiated who said that he and Charles McLeod senior had been the original partners in the company. Witness said that ho had afterwards withdrawn frorfi the partnership. Fairly lengthy evidence was heard, after which it was submitted by Mr. Izard that it was clear tho property claimed by the bailiff did not belong to McLeod senior. No evidence, he said, had been brought to show that either Mrs, McLeod or her son. were dummies for McLeod senior. Evidence showed, ho said, that Suisted was the sole proprietor of tho property, and he had signed a document admitting that he was in partnership with Mrs. McLeod and her son. It had not been proved that the goods were McLeod’s senior, and, therefore, the distress warrant must fail. Mr. Hewitt said that the agreement was the strongest evidence. Because McLeod senior was an undischarged bankrupt he had a good reason why he could not go into business himself/and evidence strongly pointed to the fact that his wife and son were used by him. Mr. Hewitt considered that there was no doubt that the goods belonged to the Deputy-Official Assignee, and gave judgment, for plaintiffs.