M.P. WINS CASE

Wanganui Chronicle, Volume 83, Issue 93, 21 April 1939, Page 8

M.P. WINS CASE

ALLEGED CONVERSION OF SHEEP NOT UPHELD I Per Press Association, j STRATFORD, April 20. ju igment for William H. Young r.'.d William John Polson, . . was given by Mr. W. H. oodward, S.M., at Stratrord, against ,rs. L. A. Garlick, of Te Wera, in a isc in which Garlick sued Young and olson for £136, the value of sheep id wool allegedly converted by oung and Polson to their own use or tentatively as money received by tern to the use of Garlick. Mr. Woodward found that Polson as not a partner of Young at the me the dispute arose, but was only the position of a man lending oney al a rate of interest, indepenuit of profit or loss, and that Gar- ■!: s claim against Polson failed. Dealing with Youngs position Mr. 'oodward said Garlick was no more lie to prove her case than Young to sprove it, but as the burden of proof as on plaintiff Garlick failed. He referred to the fact that Young >ld some sheep before the dispute as clarified, and while he did not link the precipitancy was with the itention of deleating Garlick's claim, 1 believed that Young's impatience > sell, despite warnings and before a lly could be taken, might have prewired Garlick from being able to -ove her claim. Under the circumances no costs for Young were varded. Mr. S. Macalister, for YotAig and olson, asked about costs for Polson. Mr. Woodward said he hoped that ould not have been raised. He sugisted that the point be referred to olson, who was in Wellington at prent. and be reconsidered. Mr. Macister agreed.