SUPREME COURT.-Wednesday. IN BANCO. [Before his Honor Sir G. A. Arney, Chief Justice.]

Daily Southern Cross, Volume XXVIII, Issue 4697, 12 September 1872, Page 3

SUPREME COURT.-Wednesday. IN BANCO. [Before his Honor Sir G. A. Arney, Chief Justice.]

- His Honor satin banco this morning, when he delivered judgment in the case of Manner /y.«, Caledonian Goldmiking Company. — Mr. Hesketh for the plaintiff, and Mr. Whitaker for the defendants:' Air notion had been instituted afe,the Jas,t session oFfchVSuxfreme Court, in its civil jurisdiction, when the plaintiff sought to r recover'for loss sustained by his name having been erased from the books of the company, he being, at the^ time of such erasure, a"' holder of two* shares in the said company. The damages awarded, by the jury were £228 14s. The case ( was fully renorted at, the time m these ' columns, . 'and, must be fresh in the memory of "our readers. The plain' tiff, had .giy^Uf, a ...blank- transfer with his signature .^taohed, bat nothing filled in the body or the form. The transfer had been," wrongfully dispo&ed of by a' party who had obtained 1 surreptitious possession of it. jAu objection waa raised daring the notion by Mr. Whitaker, under the 93rd ruieregu.- | latingthe practice of theSapremejOourfr pro« | oeedings, which his Honor" overruled, and the [ action was' carried to its conolusion, his Honor allowing counsel for the defendant to move in banco, either for a new trial or a nonsuit. Subsequently Mr. Whitaker, d'fendant's counsel, did move for a, new trial, to which illy. Hesketh appeared to show cause. His Honor reserved judgment, which was given this morning. The reading occu- ' pied one hour. The rule was discharged. IWe shall publish the judgment in full to. morrow. $

' Mom Mangakahia v. J. S. Macfarlane. — This was a suit by the plaintiff to compel the defendant, as the assignee of Ttiomas Craigs interest in the Waitekuri block, to ' carry out an agreement made by Craig with the plaintiff and other natives, to give them back a portion of this block. Mr, MacCorjmick appeared to move the Court for a decree ; Mr. Heskefch for the defendant.— • Mr. MacOormick stated it had been agreed the motion should be adjourned until Wednesday next, and that the main question between the parties was as to the terms of the lease. —Adjourned till Wednesday next. BEDDOES Y. COCHRANE AND OTHERS. — This was an action brought by the plaintiff against the defendants. The defendants comprised a committee located at the $brth Shore. 'They had 'employed the plaintiff toConstruct a jetty opposite the Masonic Hotel for the sum of £300. Mr. Hesketh appeared for the plaintiff, and Mr. W. L. Kees for the defence. — The agreement between the plaiutiff and the, defendants was that the contract should be completed and the contract price paid on or before the 31st October, 1867. The terms of the contract stipulated that the work was to be executed to the satisfaction and approval of Messrs. A. Allison and Frederick Cock. In the declaration set out it was stated that the work was done in a workmanlike manner, and in accordance with the slan5 Ian and specification ; that on the 17th une, 1867,' the plaintiff obtained a certificate for the work which he had performed. The defendants pleaded a general denial to plaintiffs declaration upon the whole of the allegations' set out therein, but contended that the work was executed under a special contract. This being so, it waa argued that an ordinary suit for work? and labour done would not lie. They therefor© entered a demurrer on the second count of the declara* tioo, which held that the claim was instituted for work and labour done. — His Honor overruled the demurrer. , The Court then rose. >