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SUPREME COURT. This Day. (Before His Honour The Chief Justice.)

SINCLAIR V. STUABT. Mr. Gully, with whom was Mr. William Sinclair, appeared for the plaintiff ; Mr. Izard for defendant. Tho plaintiff ia Mr. James Sinclair, of Blenheim, and the defendant is Mr. Arohibald Paisley Stuart, of Wellington. In opening the plaintiff's oase, Mr. Gully stated that the aotion was one in respeot to transactions begun in 1862, and not yet oonoluded. The statement of olaim was divided into two parts. First, there was a olaim for a partnership aooouut, and secondly there was a olaim in respeot of certain lands conveyed to tha defendant under certain trust*. In 1862 the plaintiff and defondant entered into partnership as general merohanta, and in 1865 the partnership waa dissolved by mutual consent. From 1865 until 1868 the partners were oooupied in an endoavour to wind up the affairs of the late firm. In 1868 the business was finally wound up. In that year an airreement was drawn up whioh waa relied upon by the defendant as a final settlement ox the matter. Hia Honour would be asked to deoide whether the agreement finally disposed of the matter. The agreement was drawn up in August, 1868. In January, 1869, a new phase in the transaction began. Certain lands set out in the deed were mortgaged to Mr. Stuart upon certain trusts. First of all Mr. Stuart was to receive £432 ; secondly, a Mr. Daniel was to reoeive a certain sum of money ; and thirdly, the defondant was to receive an amount whioh might bo considered due to him as the balance of the partnership account. Under the deed Mr. Stuart took possession of the lands, and certain sales followed. The aotion was now brought to obtain » partnerBhip acoonnt, and tho proceeds of the lauds mortgaged to the defendant. [Left sitting.]

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https://paperspast.natlib.govt.nz/newspapers/EP18850716.2.29

Bibliographic details

SUPREME COURT. This Day. (Before His Honour The Chief Justice.), Evening Post, Volume XXX, Issue 14, 16 July 1885

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306

SUPREME COURT. This Day. (Before His Honour The Chief Justice.) Evening Post, Volume XXX, Issue 14, 16 July 1885

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