Important to Landlords.

Gisborne Standard and Cook County Gazette, Volume V, Issue 632, 11 July 1891, Page 2

Important to Landlords.

Air interesting case, in which the powers of landlords to distrain for rent was discussed, was heard on Thursday. James Whinray sued Thomas McCoomb for £8 6s, for furniture seized by the latter for rent due by one Klee. Mr DeLautour for plaintiff, and Mr Jones for defendant. The facts were shortly that the goods, at the time of seizure, were under bailment to Klee from Whinray. It was admitted by the defence that if the bailment was good that McCoomb was liable, but it was contended that the bailment was not good. Mr Whinray gave evidence as to the selling of the goods to Klee in April, 1890. Kleo not having paid some three months later Whinray sent for Klee, and an arrangement was entered into whereby the goods were bailed to Klee, On this evidence Mr Jones raised two points on an application for nonsuit; first, that that there was no resale to Whinray, and the goods being Klee’s the bailment was void ; second if there was a resale, then the transaction was a bill of sale, and the goods being in the tenant’s possession when seized, the landlord was entitled to distrain. Numerous authorities were quoted on either side, and Mr Booth held over his decision until the evidence for the defence was taken. Klee was called, and said the goods were given to him on the understanding that he would pay out of moneys be was expecting, and as he did not pay Whinray wrote to him and the goods were handed back and were bailed to him. He considered he was “ loafing,” on the goods ti 1 they were bailed to him. ’ The Magistrate gave judgment for plaintiff for £6 and costs. Leave to appeal was granted.