POLICE COURT.

Wairarapa Daily Times, Volume 3, Issue 692, 14 February 1881, Page 2

POLICE COURT.

MASTERTON SATURDAY,

Before H. S, Wahdell, Esq., R.M.

T. Wilton v Karaitiana Koroiii.— Debt 1$ J.B 7xl, Judgment for defendant with costs. •

A! Cockburn y J. H. Rober-t{|.—]}ebt Ll3, for rjlaiirtiff wit)} costs, j. Dreyer y Jjopkins/#j;l!undee.--Wasp 1M 2s, Judgirjent*'foj: aijjouht audcosts,

Charles Smith v Hopkins & Dundee.— Wages Ll2 2s, Judgment for amount and costs, ; •■■"- , ,Z.. ),

McCarthy v Corbett.—DMriages LSO. Mr Bunny for plaintiff, Mr Skipper for defendant.

This was a claim for damages under peculiar circumstanoei. £The plaintiff was a" Ijvpry .etsbje keeper, who rented the Empire Bote] stable? from Mr Corbett. Ho beoatna considerably in arreap with his rent, and a distress warrant was put in, his plant and premises being seized, Mr Oorbett placing a man in possession of the stables. The rent and expenses were subsequently paid, and McCarthy werit to resume possession; but Mr Oorbett considered the contract under which the lease was made to''Jjaye been broken, and retained possession, AJcOarthy then made a forcible entry, re-took possession, and brought the present notion to recover compensation for the loss of custom and general damage sustained .by, him through MfCorbett's aotion in looking the stables against him. "A good deal of argument took place between the'solieliora fqr Jhe parties, Mt Skipper' submitting that his oliant had acted'iua perfectly legal manner as the tenancy had ceased through 'non-payment of rent, and he could re-enter and retain possession. Mr Bunny held that the rent havi'ip been paid and the goods replevied, the plaintiff had a right to re-enter the premi' seß;immediately, and carry on his businesi as usual. ' This Mr Oorbett h'ad prevented by 'locking .the door, of -;jtho : premises] thereby causing plaintiffs customers'to gc

elsewhere,. : '-: •Bis Wojahjp,'yhile Mr SkipßerupojJj able defence of defendant's aption, cqul4 not agte'e. with him in lnYarguißent,' as fronj the endorsement on the lease before tlje Court tfj.e plaintiff bad agreed with': Mr cOprbptt jibe premises in Deoenibe'r,' and that tnust be taken as evidence.that' the .position, of - v : >?"- • K r ; : • |sAf ter considerable iaa'toihe pe'srawt'oftdan^ Iti damages v lOa, gfwf

pay the cost of theadjournmenf from the i Pjcevioußhearing,L2,; ;■' V ZO; Gorringa' v Oorbett.—lnterpleader: !i ■to.recover property'aiized.Ufdefendant i fprrentdueby ; Mr:McOarthy.toiim*the '< laid property belonging to the' plaintiff- i Jhvtrustrfora third;party.^Svw«w^'' ! t:( " ~Mr Bunnyappeared for "plaintiff,'Mr ' Skipper for defendant. ; :,.Mr'R. G. Williams was called to.show 1 that he, aa'truatee in McCarthy's estate, 'i had sold the property of, that estate to' Messrs Hastwell, Macara&'Co. ~1 1 : '. Mr J. M. Girdlestone proved that he .had;rfladeau inventoryof the whole of McOaHhy's property after his bankruptcy,.' at the order of Mr Hasiwell;- 'He would not know,the property again if he were shown it.' !; ' v ';'"';: ■</ '■"';' ; ::''; v : ; ; Mr T. MoCarthy gavo evidence to show .that the property now ieized by defend- ; ant was the same as was in his possession when he became a bankrupt, and which lias been in hiß possession Bince, at the will of Messrs Hastwell and Macaw; free of charge. He swore that he had not'acquired any interest iu it' since his bankruptcy, ' : .'• ; •■■■;■ .■'ln'answer to Mr Skipper:! have not left a musical-box, which was part of theproperty, with Mr Coker, as seourity for money.lent to me, ■.■'•; Mr James Macara was called,-and gave evidence as to the transfer of the furniture to Mr Gorringe. When McCarthy ' hecnrae bankrupt,' and Messrs Hastwell & 1 Macara purchased his plant arid effects, a 1 promise was made by Mr'Hastwell that the furniture should remain in possession i of Mrs McCarthy, and ifter'Mr Hastwell's: i death, Mr Macara, as his partner; 'and in ; accordance with his wishes,; transferred ; the furniture to Mr Gorringe; in trust for 1 Mrs'MoCarthy s ,;.,''-.. After a considerable amount of argu- ' ment between the counsel, His "Worship i summed up in favor of the interpleader, ' but on Mr Skipper stating-thai he could ■ adduce further evidence if the case were J again heard, the Court granted an ad- ■ journment to next sitting, the judgment 3 creditor to pay costs—L2 2s. i. Sergt. M'Ardle brought before His - Worship the children who recently broke into Mr Girdlestorie's house, : the-eldest of whom is thirteen-yeava old, His'.Wori ship remanded them till Tuesday -when; ' he will be in Mastertou to administer the oath to the Court of Reviewers. Two of the children will probably be sent to the ; reformatory school, and the youngest left for tho father to place in the care of some 'person qualified to look after it,