SUPREME COURT.-THIS DAY.

Auckland Star, Volume XXII, Issue 33, 9 February 1891, Page 3

SUPREME COURT.-THIS DAY.

CIVIL SESSIONS.

(Before His Honor Mr Justice Conolly.) James Rae v. Alfred H. Greexway, foi £348 10s 6d, money lent.—MrTheo. Cooper stated that this action had been discontinued. Moss Davis v. Patrick Long, for accounts to be taken re colonial ale, etc., purchased other than from plaintiff, etc. — Mr H. Campbell appeared for the plaintiff, and Mr Theo. Cooper for the defendant.— Mr Campbell stated that the statement of defence was only delivered on Saturday last in consequence of the long vacation, and the parties were not crepared to go on with the trial to-day. It was agreed by consent) that the action should stand over til! Monday next, to be taken after bankruptcy business. Johjt Mclntosh v. Alfred Thomas Knee.—Claim, £260 for rent, etc., of certain premises.—Mr W. Dignan appeared for the plaintiff. He stated that Mr Alexander, who was to have appeared for the defendant, had sent him notice that ha would, not be present, having to go away. Mr Alexander had tiled a defence practically admitting the claim submitted, except a claim for. certain damage. He therefore proposed to prove the ex> tent of the damage, and leave ib ta the Kegistrar to assess the same. —| John Mclntosh deposed that be was a settler residing at Mangonui. He leased to t'lie defendant, Mr Knee, property ab Whangaroa containing a dwelling-house, a general store, two gum stores, and a wharf. He entered into a covenant with the defendant to keep these buildings and wharf in good, sound, substantial condition. The defendant had not done so, although application had been made to him and to his agent, Mr Alexander. The defendant resided in England. The rent being in arrear andunpaid, witness took possession of the property. The dwelling-house and othei buildings were then getting into a dilapidated condition. The wharf was gebtinj? dangerous to walk upon. He claimed £200 for repairs, rent £30, painting £30, and this money was still due to him.— William Saies deposed that he had resided on the property that was the subject of this action continuously. Previous to this he was Jjlr Knee's storekeeper. In 1885 the dwelling-house was in fair condition, painted, papered and varnished. When the plaintiff re-entered the house was in arabher dilapidated condition, leaking ia almost every room; the flooring of the veraiidah was decayed. The house had nob been painted since 1882. The storea in ISBS were in very fair condition, and in J une last, when the plaintiff re-entered, the store required paint, while an office in the store was decayed so as to be untenantable, The place had nob been repainted. In 1885 the wharf was in fair condition, but in June, 1890, there was scarcely a wharf at all there. When Mr Knee left he sold the business to a person named Sanderson, and witness entered Sanderson's employ. From 1885 Sanderson paid rent to Mr Alexander—as agenb for Knee—up till 1887. He bhen died, and his bnsiness was carried on by bwo trustees till 1390. • It was purchased by witness ia July, 1890, and carried on in his own name. The wharf had to be re-constructed ab Mr iiclntosh's cost, £167 18s sd.— James Woods also gave evidence in support of that given by the previous witness, and jIJ-K----menbiwas given for £244 and costs on the middfe scale.