PLAINTIFF NON-SUITED.

Dominion, Volume 1, Issue 127, 21 February 1908, Page 4

PLAINTIFF NON-SUITED.

AN,AUCKLAND CiVSE. ' '.&■,<• (BrvTBi^OBAPH.—PKISS3 ASSOCIATION.) ' . • r / .Auckland, February 20. ' in th'o--caso'-.'OE- Patrick Quinlan and John t iGeorge Swan' and others;- heard before Mr. -• dusticovDeniiisioiij as the. civil sitting of th'o s SiipiMiio",Court in November last, i' H.hO'Writtfiif'jud'gm'(rh(r 1 6f-His Honour was rev 'ceived ■yestertlayyiand was-read to tho parties j. .intorested. -iln itho>cqurso of his judgment ■' £Us"Uonb|lr..«>id was an hoteli • kfi'ep6l , ''ift *A'nckland; ;, a i nd ; tho v dcfendants were . 'brewers>;earrying;oni business in Wanganui. Tho. transactions commenced by defendants V in'.Alay, ;IUO6, advancing, the plaintiff, £100, ; tho consideration being tho''getting of'a-share " ?of' his'itrade J got into/arrears' with 0 -'His <paymenisj feofch'iih' mcoting."bills and on " mirmTit ift S'ccount':'' "'ln' September', 1906; he * had met one of tho defendants in Auckland " aiid had a settlement, giving promissory : notes' for tho b'aianco.-.--These notes were dishonoured, and' on January 31, 1907, a sumJ mons in 'the:.' Magistrate's; Court had been * issued in . note. for. £37. 1- On that idawu^Mijci(fc3rrot6., ; to.'''t-ho- defend--0 ante rfri ; .thos«li'^|[i^Bf t l)is-'financial/.'posiMoii a witii two', cheques (one f) J pbst-dat(®riin' t : 8# ; l;lom'?nt' of the summons. • The defendant ; i- 'douied,'. -by tho'defendP. aiits in settlem6n't:;flfiiho judgment. The de- • fendants subsequently-obtained judgment on tho note, and later a warrant of distress was '■ 'issued, whiob .a'lbailiff entered on , tho '■ licensed premises of the plaintiff. The plain- '»• 'tiff sued" the defendants for /damages, but, '■v 'being' advised'ihit' tho judgment' was' a; bar ' 'to the he,>discontinued his suit, and obtained-,an,,ex p?r,tp, order sotting aside the judgment, all. subsequent .proceedings, arid then brought'thi's : action. At tho closo ; of plaintiff's; c'risblcbifflScil for defendant asked '.for'a'-nonsuit on several grouuds. His Hori- - -oiir intimateiLfchat, in his opinion, there was nb':'dtld,6^^Wg^''fr > Ttlio , jnry on tho -question of"mlaliti'e.** Tlio. 'tft'lise of the action alleged.by the plaintiff "'was, that tho defend- . ants wrongfully, maliciously, and without a reasoriaWe-aiid I 'prbb'ible cause caused a dis- ■»: tress .warrant /to .be 'issued'arid, executed againstthe; plaintiff. His v Honour, 'in'.'a ltfngtHy fetiew of the case, said a' that there was no casoCto'go to tho jury on the ground, either of ; of reasonable and probable tause, or of He had, there'e fore, decided t-o graint a nonsuit. it . — ~ ' ■■ ' ; ; " ■'