A MINING CASE.

Otago Witness, Issue 2490, 4 December 1901, Page 29

A MINING CASE.

(Fbom Our Own Cobbespondent.) WELLINGTON, November 29. Peter R. Russell sued the Canadian Flat Hydraulic Sluicing and Electrical Transmission Co. (an Otago mining concern) in the Magistrate's Court yesterday morning for £28 11s, a" sum sent in order to obtain the transfer of shares from one Grant to the plaintiff. Mr Hindmarsh, who appeared for the plaintiff, said that the cheque had been sent with a request that it be applied to Russell's account as soon as Grant had made the transfer. In the meantime a further call was made, and part of the money was used in paying Grant's debit. Plaintiff considered the money had been wrongly used, and desired to revoke the original instructions to the company. His "Worship considered that the company had acted according to its instructions, though it might have kept plaintiff more in touch with its proceedings. Giving evidence, the plaintiff said he had not received' any scrip from the company. Shares were at a premium at the time lie was seeking the transfer, and he could have made something out of some of the shares which he wanted in order to sell at i,ke t'me. Now the shares were at a discount. Mr Atkinson (who appeared for the company) did not reply. His Worship said he did not think there was a case, and Mr Hindmarsh said he would take a nonsuit. He afterwards asked to have the case entered as a judgment for defendants so that the question of appeal might be considered. Costs amounting to £a Is ware gn'cn to the defendants.