Tologa Bay Litigants.

Gisborne Standard and Cook County Gazette, Volume III, Issue 339, 17 August 1889, Page 2

Tologa Bay Litigants.

At the R.M. Court yesterday afternoon the cue George Kilburn v. Michael Mullooly, claim £4o, or the recovery of a piann, wm heard.—Mr Brassey appeared for plaintiff, and Mr De Lautour with Mr Ward for tho defendant—George Kilburn deposed that he claimed from the defendant a piano, which he had bought from McMillan, and held the receipt for the same. At the time of the sale he entered a protest. Receipt produced. He demanded the piano from Mr Ryan the bailiff. Saw Mullooly at the sale. Mullooly heard him any the piano was hit By Mr DeLautour : Had baen a good deal at McMillan's Hotel. Was never a partner with McMillan in any contract. Was a friend of MoMllan, who said he wanted money very badly iu connection with the business, McMillan said be owed a butcher's account and several others. Knew that McMillan owed rent. P»id £35 f or the puno. He could not exactly eay how much money he had, but be had more than £5. He borrowed some money from Mr Brassey; could not say how much. It was not the whole balance. Did not remember how much he borrowed. Could not tell how much he had, or what money was borrowed. Gave McMillan £25 by cheque. It was not his cheque, but was drawn by Mr Stopford. Mr Brassey gave him the cheques. It was a credit arrangement. He did not owe McMillan much, but be thought McMillan was in his debt. Thought the piano was a bargain, and he intended to make as much as he could out of it. Did not know where Mr Brassey got the cheques from. Mr DeLautour here cautioned tlie witness not to speak so loosely, as he (witness) was on hia ostb.

Continued : He gave McMillan two cheques which amounted to £25. He did not remem. bar having any conversation with McMillan about the matter. Mr Brassey advised him to buy the piano, saying it was quite safe. Knew McMillan owed one quarter's rent, £25, McMillan eaid the piano oust about £4l. He bought the piano simply as a speculation. Did not know what it cost him. or what he owed Mr Brassey,-By Mr Brassey: The piano was removed to a shed on the beach, sM The piano was sold for £5. Mullooly being the purchaser,—A. McMillan deposed that ha remembered sailing a piano to Kilburn, as be was pressed for money, and be received the money for i». Remembered seeing Mullooly in town after the sale. Hoard Mr Brassey demand ths piano from Mullooly, who said ho had bought it, and intended to “ stick ” to it. The piano was taken to Trimmer's woolshad after the sale, Told Trimmer the piano was not hie, Have expended the greater portion of ths money in his business, The sale was a bona fide one and hs had no interest in it whatever.—By Mr DeLautour 1 Received three cheques from Kilburn for the sale, The cheque 1 were signed by Mr Stop* ford. Never saw the cheques before to bis knowledge. Did not know where Kilburn got the cheques from, Did not hold any of Mr Brassey'a cheques at the time. Was very intimate with Kilburn. Had not balanced Kilborn's aceount, but there was not £1 owing either way. At tho time of sale be owed £25 for rent. Cheques were very plentiful in Tologa. Could show how the money went. The usual custom with regard to bis cheques was to bank them. Was not in a position to say what ho did with ths cheques ha received in payment for the piano, Was not in a position to bank them at that time.—W. Brasssy deposed that he was la Tologa Bay, attending the Land Court. He understood McMillan was In difficulties, and through him the piano was disposed of to Kilburn. Afterwards the piano was seised for rent, and he demanded tha piano 'from Mullooly, who refused to give it up. Mt Ptopford was paying some accounts by cheque, and Kilburn paid McMillan through some of those chrq ies. Understood the Bale to be a genuine one. Hi gave hi; cheque to Kilburn to make up the balance required.— Bv Mr DeLautour: Only contributed one cheque. Kilburn gave him tbs money back the same day, The cheque hs gave was for £3.—Mr DeLautour moved that the case hi nonsuited. He contended that a form of sale was (gone through, but not clearly proved. He then reviewed the evidence, and in so he said the sale had all the appearance fraud and deceit. In tha other cases would be heard it might be proved the owner of the piano,—Mr Brassey saying that he knew perfectly wall the was a genuine one. He thought it was impossible for the defendant to disprove what had been acertcd as to the transaction. He considered the evidence was quite clear on the matter, and he would like to know what farther evidence was required.—Mr Booth said he did not like Kilburn's statement. The evidence wont to show that fraud bad been committed, and that there had been ■ conspiracy to defraud. This was a very *- serious thing to say, but he oould not help it. The case was most unsatisfactory. Kilburn had not proved that he bought the piano. He would grant a nonsuit, with costs £2 2s.

A. McMillan v. John Trimmer, claim £25, for damages. The same counsel were engaged.—A. McMillan deposed that a distress was issued on the 24th July last, for rent, The defendant accompanied by a man named Smith took posses sion, and he gave the defendant a list of the goods not mentioned In the bill of sale. Trimmer did not give him any document with regard to the oharg.a made under the distress. He then mentioned the goods that had been sold, and the prices realised.—By Mr DeLautour: He agreed that the defendant should distrain for tho rent, but the arrangement was that the seizure should be made a fortnight afterwards. He made an objection to Ryan selling the goods.—Hyland Smith deposed that he was employed as bailiff, and that McMillan made out the inventory. He did not give the plaintiff any notice of charges. —John Trimmer deposed that he was landlord of the Tologa Bay Hotel. McMillan gave him a oopy of tha Inventory, and he gave the papers to Smith. Both he and the plaintiff were on friendly terms, and . talked the matter over so as to prevent any M mistake. They took stock in the bvr, and ” McMillan carried on the business till the sale took place, but since then tho relations between them have been rather hostile. He made the sale as public as possible as he wanted to get good prices.—By Mr Brassey I MuHooly bought the piano for wltneev. He told Mullooly to bid as high as £2O for it, His wife bought the hot air bath for £l. its <alue was about £6. At ths time of the distress he was under the impression that he had taken the proper proceedings.— W. B. Ryan, bailiff at the Tologaßay R.M, Court, and as such be conducted the sale in question and gave as much publicity to it as possible,' He did all ha could to get s good sale.—By Mr Brassey: He did not make asrangementt with any person tor the purohsse of the plane, Since the sale be said in a joke to Trimmer not to let the piano go out of ths district as he (witness) might buy it.—Mr Brassey submitted that damage had been sustained, and also that a landlord had no right to buy. The Court had already held that Bilburn was not the rightful owner, therefore MoMilUl) must ba the proper owne-. Mr Booth said there was no doubt that there was a certain irregularity to whioh the plaintiff agreed, and therefore he could not claim any damage. Thera was no particular damage sustained, and everything was done to give It proper publicity. Ho would non* suit the plaintiff without caste. Tha case G, Kilburn v. J. Trimmer and Wi Ryan, was nonsuited by consent.