Mary Riddleston, Melton Mowbray County Court

Date: 17 Mar 1906 [unknown]
Location: Melton Mowbray, Leicestershire, England

Margaret Mennells (Smalley) Riddleston (1855-1946)

https://www.britishnewspaperarchive.co.uk/viewer/bl/0000400/19060317/005/0002 Grantham Journal, 17 March 1906. ]

Melton Mowbray County Court.

INTERPLEADER ACTION - An interpleader case was heard, in which Mrs Mary Riddleston, wife of Thos. Riddleston, gamekeeper, Stoughton Grange, was the claimant, in respect of good seized under an execution by Messrs. Hopewell & Sons, brewers, Masfield, against Henry Whatton, formerly landlord of the Royal Oak Inn, Long Clawson

Mr Fowler, of Leicester, appeared for claimant, and Mr R. H. Wiggins, of Mansfield, for Messrs Hopewell & Sons. - Mr Fowler said the claim was for goods seized under execution to the value of £17 6s 6d. Plaintiff was sister to Mrs Whatton and in July last year, Whatton, who at the time was innkeeper at Long Clawson, being in monetary difficulties, it became necessary for him to come out of the house. The house was let to Mr Chamberlain, and on the 20th July he took possession, and a valuation of the stock was made by Mr Sykes, of Melton Mowbray. who also sold Whatton's furniture by auction the same day. On this particular day, Mrs Riddleston went over to Long Clawson, and she purchased the articles which form the subject matter of the present claim. She then arranged with her sister that she should have the use of these articles, and they were subsequently removed to Leicester, where Mrs Whatton and her husband went to live. Mrs Riddleston paid for the goods, amounting in all to £17 6s 6d, on the 9th August, and to make the transation as secure as she could, from her point of view, Mrs Riddleston had put on the various articles a slip of paper, on which were the words, "Mrs Riddleston, bought of H. Whatton." Mr and Mrs Whatton remained in Leicester about nine weeks, and then, as Mr Chamberlain was unable to get a transfer of the license of the "Royal Oak" at Long Clawson to himself, it became necessary for Mr and Mrs Whatton to go back to the house again. The place belonged to Whatton, but it was heavily mortgaged. Whatton then seemed to have got into further monetary difficulties, and executions were put in, and the goods, the subject of this claim, were seized - Mr Fowler contended that it was a bona-fide purchase of Whatton's goods by Mrs Riddleston, and in the case of two other execution creditors they admitted this and withdrew - Mrs Riddleston in her evidence, said her object in going over to Long Clawson on the 20th July was to see her sister and stop with her while the sale was over. She bought a harmonium, half-a-dozon chairs, and sofa at the auction, and after the sale she purchased the other things according to the list provided, and which had not been in the sale.

His honour elicited that the object of the auction was to pay a certain judgement debt, and when enough was realised for that purpose no more things were put up. - In reply to further questions, Mrs Riddleston said she did not pay the auctioneer for the goods she bought in the auction, she arranged to pay her sister. She arranged for the price of the goods to be £17 6s 6d on the same day, the value being fixed according to how other things had been sold. She might have paifd a little more thn they were worth. She stayed in Long Clawson until the following day, and agreed to lend her sister the goods, with the exception of the carving knife and fork and a single-barrel gun, which she took away with her. About a fortnight afterwards her sister and Whatton went to live in Aylestone Park, Leicester, and it was here, on the 9th August, that she paid for the goods, the list which had been previously made out being signed and stamped as a receipt. She then had tickets put on all articles she had purchased, "Mrs Riddleston, bought of H. Whatton." Subsequently, Mr and Mrs Whatton returned to Long Clawson, taking her things with them, and they were seized under execution in January of this year

Cross examined by Mr Wiggins: She bought the things in the first instance for her own purpose, but as her sister would have been without a home she consented to them retaining the goods. - Mr Wiggins: I put it to you that the purpose of going over to Long Clawson was to save the home of your sister. Mrs Riddleston: it wasn't. I wanted the things for myself, but she begged of me to let her have them. She purchased several bedsteads, a child's cot, and a gramophone, amongst other things, and witness maintained that she required these things for her own home at the time. - The judge said that he was clearly of opinion that the document containing the list of articles amounted to a bill of sale, and not simply and solely a receipt for money. If it were a bil of sale it required to be registered.

In reply to his Honour, Mrs Riddleston said she paid for the goods out of her own private money, which she kept in the house. - Mrs Eliza Ann Whatton and Henry Whatton bore out the last witness's evidence and Wm. Bagley, bailiff, said when he seized the goods under execution at Long Clawson, on the 10th January, this year, they bore tickets on containing the words, "Mrs Riddleston, bought of H. Whatton." - Mr Wiggins maintained that the receipt for the goods, as stated by his Honour, constituted a bill of sale. - Mr Fowler contended that the actual sale was completed on the 20th July, although the money was not paid until afterwards. - His Honour said he was satisfied that the document before him was tantemount to a bill-of-sale. It was an essential part of the transaction, without which it could not have taken place. It was given to Mrs Riddleston as evidence of her title to the goods, and not as a mere acknowledgement, of certain money received. That being so, it required to be registered to give it effect against an execution creditor, and give validity to the transaction, and, as it was not registered, it did not effect the purpose intended. He must, therefore, find for the execution creditors for the amount named, less 15s in respect of the carving-knife and fork and gun, which did not come in the list of articles seized. It was directed, however, that the 15s should go towards the High Bailiff's costs.