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AN IRONMONGER'S CLAIM AGAINST…

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AN IRONMONGER'S CLAIM AGAINST THE OFFICIAL RECEIVER. CAUSTIC OBSERVATION BY THE JUDGE. At the Ruthin Assizes on Saturday, before Mr. Justice Wills, sitting without a jury, an action was brought by Edward Story Jones, trading as Messrs. Roberts and Jones, ironmongers, Colwyn Bay, against Llewelyn Hugh Jones, Official Receiver in Bankruptcy, for the detention of a brickmaking machine which had been seized by the defendant in the bankruptcy of Edward Arthur Evans, and which the plaintiff claims as his own. Mr. S. Moss, M.P., appeared for the plaintiff, and Mr. Ellis Griffith, M.P., for the defendant. In opening the case, Mr. Moss said the de- fendant in his pleadings said he had not detained the machine, because it belonged to the bankrupt at the commencement of his bankruptcy in 1902, and that he (defendant) simply took possession of the machine as trustee in bankruptcy. The facts of the case were briefly these. The plaintiff was an ironmonger carrying on an extensive business in Colwyn Bay under the trade name of Messrs. Roberts and Jones. The bankrupt, Edward Arthur Evans, in 1899 purchased some land in Holywell. On this land machinery was put, with which Evans began to make bricks, with which he built some houses. In 1900 Evans, who was a builder, sold the land to a man named Dearden, who subsequently became a bankrupt, the machinery, including the machine in dispute, re- maining on the land. Evans had had business dealings with Messrs. Roberts and Jones, who had also made temporary advances to him. At the time of Dearden's bankruptcy Evans owed the plaintiff's firm ^200, for the payment of which he had several times been pressed. About the 20th of June, 1901, Evans saw Mr. Roberts, the plaintiff's partner, and mentioned the fact that a sale would shortly take place under Dearden's bankruptcy, and that there was a brick-making machine worth L700 likely to go for an old song. Evans had a mortgage on the field as security from Dearden, and took possession. In the con- versation with Mr. Roberts Evans said he would like to have the machine, suggesting at the same time that the firm should assist him in buying it, to which Roberts replied that it could not be done unless Evans cleared the account then owing. On the morning of the sale-June 26, 1901,—Jcnes met Evans. After a conversation Jones bought the machine for £140, which with stone steps and window sills, also bought by Jones, made the total amount of the purchases L143 4s. After the sale Evans sent Messrs. Roberts and Jones a cheque for ^143 10s. to meet the account previously owing by him, after making certain deductions for re- turned crates, kegs, &c. This cheque, said Mr. Moss, had nothing whatever to do with the machine or the purchase money thereof. It was sent to settle the account due to Messrs. Roberts and Jones before the sale, for which pressure for payment had been made. The plaintiff at once offered the machine to several people, and there could be no doubt whatever that the owner- ship of Messrs. Roberts and Jones in the machine was never challenged until Evans became a bank- rupt on the 30th of October, 1902-a period of sixteen or seventeen months after the purchase of the machine at the sale. The machine, how- ever, had been claimed by the defendant as the property of Evans. A bankruptcy motion was served on the plaintiff by the defendant on the ]9'h February, and in that notice of motion the defendant said the court would be moved for an order declaring that the brick-making machine was purchased by the plaintiff on behalf of the bankrupt. The plaintiff opposed the motion before the county court judge on the ground that he was entitled to trial by jury. That was why he (the plaintiff) was before his Lordship that day, although a jury had been dispensed with. The plaintiff said that in consequence of a letter or telegram received from Evans on the morning of the 26th June, 1901, he went to Mostyn to attend the sale on Dearden's brickyard. Evans asked him would he buy the brick-making machine, but he replied he could not do so unless Evans paid to his firm the amount then owing. Evans then said the machine would be cheap at £ 200, and that if he (the plaintiff) bought it Evans would like to have the chance of taking it over again. The witness bought the machine for L'40, and promised to give Evans the chance of purchasing it from him. Some time after this he offered the machine to several firms and indivi- duals, including Messrs Alexander & Co., Leeds Mr George Allan, Glasgow Mr Book, of Colwyn Bay and Mr R. G. Jones, of Denbigh. He was in negotiation with the last-named, who acted on behalf of a syndicate, in October, 1902, and it was after that date that Evans became bankrupt, and the machine claimed by the Official Receiver. At e the time Evans became bankrupt the machine belonged to him (the plaintiff), and was not in any sense the property of the bankrupt. Edward Arthur Evans, living at Penrhyn Bay, Llandudno, said he was now a working joiner. In 1899 he started as a builder and contractor at Ffynongroew, and subsequently at Connah's Quay. At the latter place he lodged with and left his papers at the house of one Samuel Wil- liams, who had since become bankrupt. His Lordship: We are in an atmosphere of bankruptcy.—[Laughter.] The witness, proceeding, said the machine in question was not bought for him in the sense of being his property. ? Mr Moss Was the machine ever yours .-No, certainly not. What was your lability when you were adjudged a bankrupt.—About £60. And this machine is worth £ 4°° or »5°° ?— Yes. If the machine had become yours by the pur- chase at the sale you would not have been bank- rupt now.—No. Evidence was given also by Robert Jones, Ffynnongroew, and Edward Evans, Penrhyn Bay, Llandudno. Both had heard the conversation be- tween the plaintiff and the bankrupt (Evans) before the sale at Dearden's brickworks. Jones (plaintiff) bought the machine after Evans had promised to pay the account due from him to Messrs Roberts & Jones, and to give him (Evans) a chance of re- buying it, or, if it were sold to another customer, that Evans should have a present for introducing business. The witness Edward Evans, in reply to Mr Ellis Griffith, said that another son of his—Redfern Evans-had become bankrupt. His Lordship Everybody appears to have become bankrupt in connection with this case on both sides, except the Official Receiver.— Laughter.] Mr Moss And my client, my lord. Further evidence was then given by Mr Croy- don, accountant, Colwyn Bay, and Mr A. O. Evans (Mayor of Denbigh), the latter stating that in October last a syndicate with which he was connected was negotiating with Messrs Roberts & Jones for the purchase of the machine. These negotiations were carried on before there was any mention of the bankruptcy of Edward Arthur Evans. At this stage the Court was adjourned until Monday.

THE SECOND DAY'S HEARING.

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