THE SUPREME COURT.

Daily Telegraph (Napier), Issue 4082, 21 August 1884, Page 3

THE SUPREME COURT.

Auckland, This day. In Banco yesterday tho case of John Sperry v. tho New Zealand Loan and Mercantile Agency r Company came before Mr. Justice Gillies for argument on a special case. Mr. Hesketh Avas for plaintiff, aud Mr. C. E. Button for defendant. Mr. Hesketh stated that this ivas an action by Mr. Sperry, Property Tax Commissioner, to recover certain taxes alleged to be due under the Property Assessment Act by tho defendant company. In order to facilitate the decision of tho questions involved the parties had agreed to a certain statement of facts amounting to a special case, upon which the judgment of tho Court wasdesircd. The defendant company claimed to be regarded as agents and not as principals for three classes of persons, viz., guaranteed investors, debenture holders under the Auckland Agricultural and Loan Company, and debenture holders under tho Waikato Land Association, and as such it claimed an exemption up to £500 in respect of each beneficially. This was the point of contention, inasmuch as the plaintiff declined to recognise tho chum indicated, and had refused the exemption. Mr Hesketh then entered upon the argument of his case, and elaborated it at some length. Mr Button said that all the difficulties involved in the case arose from a misapprehension of section 11 of the Act of 1881, and section 16 of tho Act of 18S3. He Avent on to contend that the defendant company did not come within tbe operation of either seciiou. His Honor reserved his decision.

Dunedin, This day. In banco, in the case of Searl v. tlie New Zealand Insurance Company, in which the plaintiff, a captain of a grain-laden vessel from Oamaru, had recovered heavy damages for the loss of his vessel, ho was iioav nonsuited Avith costs, on the ground that ho had deviated from his course. The case of Briscoe v. tho Minister of Public Works, a test case Avith respect to the liability of the Crown in regard to tho destruction by fire of the Dunedin goods shed, is being argued.