A HEAVY CLAIM FOR DAMAGES

Evening Post, Volume LXIV, Issue 120, 17 November 1902, Page 6

A HEAVY CLAIM FOR DAMAGES

Mr. Justice Edwards gave judgment this morning in the Wanga-nui ca.se of Thomas Mitchell v. the New Zealand Loan and Mercantile Agency Company, John Stevenson (defendant company's manager), and Ernest Johnson (formerly plaintiff's manager), in which plaintiff claims that, through the fraud of defendants, defendant company has become possessed of plaintiffs' property — Aramoho freezing woiks, and a large butchery business, at Wanganui, together with freehold properties used in connection with the businesses. The main items claimed are : That defendant company be declared trustee for plaintiff for the properties, plaintiff to be entitled to ledeem on payment of £16,495 13s sd, less what is found to be due' to plaintiff on the taking of accounts as to receipts and expenditure, losses and benefits, during ihe defendant company's management ; that plaintiff be awarded £10,000 damages against defendants for fraud and conspiracy. Plain-tiff was nonsuited and Ihe interim injunction of 12feh June restraining the defendant company from selling or dealing with the property was dibcharged. Scale costs £300 were allowed against plaintiff, of which £200 Was awarded to the defendant company and Stevenson, who in the Judge's opinion could have been represented by the same counsel ; and £100 to defendant Johnson, whose interest in the proceedings was held to be distinct. Counsel in the case -were as follows: — Mr. Jellicoe for plaintiff ; Messrs. Bell and Bamicoat for defendant company ; Messrs. Gully and Herdman for defendant Stevennon; Mr. Harper for defendant Johnson.