DISTRICT COURT.—Tuesday.

Auckland Star, Volume I, Issue 159, 13 July 1870, Page 2

DISTRICT COURT.— Tuesday.

(Before Thomas Beckham, Esq., District Judge.)

An adjourned sitting of this Court was held yesterday. LEWIS BBOTHEBS V. CAMPBELL AND ANOTHEB.

Mr. MaoCormick applied on Monday, on behalf of defendants, for a re-hearing of this case, in which judgment passed by default. Mr. Wynn asked for time to supply affidavits against granting the application. Mr. Wynn now showed cause against granting the application. Mr. MacCormiek said the practice of the Supreme Court was, where judgment was passed by default, and application, was made for a uew trial, to grant a re-hearing, unless good cause was shown for refusing the application. His Honor thoughtjthe whole matter was a misapprehension. That being the case, he would grant the re-hearing upon the defendant paying the costs of the application. DAWN 03? HOPE GOLD MINING COMPANY V. CBOMBIE. Mr. Wynn aud Mr. Weston appeared for the plaintiff. Mr. Hesketh for the defendant. This was an action to recover certain unpaid capital, and also a call made by the directors in accordance with the Act. The facts of the case are, briefly, as follow: —Last year the claim known as the Dawn of Hope was formed into a company, capital £2500, in shares of £5 each. A certain proportion of the shares were taken up by the proprietors oi the ground. A pro.pectus was issued, offering -00 unalloted shares to the public, at £4, leaving £1 to be called up by the directors. The following evidence was adduced : —The following documen-s were produced: 1. Beceipt for £25 from defendant, being a deposit of 2s. a share, dated the 7th of June, 1869, and signed by Mr. Rt-ader Wood ; 2. Receipt fo>* £12 10s., being a second instalment of 10s a share, signed by Charles Tot-hill, and dated the 9th of July ; 3. Receipt of £12 10s., oayment of a third instalment, dated the 30th of .September, and signed John Stoddart, pro Charles Tothill. The defendant answered by putting in the usual pleas, namely : not a shareholder; not indebted for calls ; call not made in accordance with the rules; shares not allotted, as adeged, amounting to a denial of all the material allegations. Mr. Thomas Russell, a director, proved the rules of the company, and that twenty-five shares were allotted to the defendant ; also, that one call had been made of 7s. 6d. a share. Mr. Crombie had paid £2 each on his shares, according to the receipts which he held. John N. Crombie proved the application for shares, in respect to which he was now sued. He said he paid £50 upon the shares. Mr. Reader Wood represented the Dawn of Hope as something "gorgeous. (Laughter.) Could not say there was any false representation, except that there was no dividend.

[Left sitting.]