SUPREME COURT. CIVIL SITTINGS.

Evening Post, Volume LXXV, Issue 35, 11 February 1908, Page 8

SUPREME COURT. CIVIL SITTINGS.

TO.DAY'B PROCEEDINGS.^ The civil sittings of the Supreme Court were continued to-day.. A QUESTION OF ACCOUNTS. The case of John Hy. Schmidt, of Shannon, sawmiller (as one of the trustees of the assigned estate of G. 11. Thomas and Jas. Tooiuath, flaxmillers) v. Joseph Nathan and Co., Ltd., and W. T. Brunton, Wellington, manager of the Makerua Estate Company (the other of the trustees of the assigned estate), was heard before Mr. Justice Chapman. ■ Mr. Morison appeared fo\" the plaintiff, the Hon. Dr. Findlay, and Mr. Sharps for the Makerua Es\ L ate Company, and Mr. Myers for Nav l nan and Co. Ihe plaintiff claimed to have an account taken of the amount due io the defendant company upon its secur.itii^s ; payment of a balance of £525 aftor payment thereout to the company oi' the amount duo upon its securities ; .mterest at the rate of 8 per cent, upa'i the balance, and discharge of the securities. For the defendants, Joseph Nathan and Co., it was denied that there was anything owing. Tho Makerua Company also denied liability, and in turn claimed from Nathan and Co. the sum of £154 13s for flax supplied. This Nathan and Co. denied, claiming that any agreement mads by it with the Makerua Company was made by them as agents for ,the firm which assigned its ost'\ta * ' When the case was called on, Dr. Findlay applied, cither that the case as fai\,as'his clients were concerned bo adjourned, or that the company bn struck out of the proceedings. When the company'consented to be joined to the case Nathan and Co. admitted that they owed £154 13s to tho Makerua Company ; that liability was now denied. In opposing the application, Mr. Myers urged that tho question to be decided was one as to the construction of the agreement between the parties. Mr. Morison urged that if the adjournment was granted, 'the trustees bhould have costs. » His Honour said that would b? tho natural course. The adjournment would be granted. \f "The 1 case Was adjourned to a date to" bo^ fixed. v TRAMWAY ACCIDENT. Before Mr. Justice Button, a motion was argued for a. new trial in the case of Richard Elliott v. the Wellington City Council. Elliott was injured in the Brooklyn tram accident last year, and at- the hearing of his claim for damages on 9th December last,- the jury awarded the plaintiff £250. The council now 'applied for a new,' trial on the ground that the damages were excessive. Mr. Gray, vuth Him Mr. O'Shea, supported the application, which was opposed by Mr. D. M. Findlay, on behalf of Elliott. His Honour, who heard the case at the trial, refused the application, with costs on tho middle scale. A LOAN MATTER. Wellington- Loan Co. v. Andrcwa. This was an appeal from a decision of Dr. M'Arthur, S.M. Judgment A r as given by the Magistrate against .one David Andrews for £33, on a promissory note. Against that decision the defendant appealed, on the ground that it/was wrong in law, and against tho weight of evidence. Mr. Dunne ap- ? eared for the appellant, antjt Mr,. Young or' the company. There was no written judgment given in the case, and as no common basis of argument could be agreed upon, his Honour decided that it would be more satisfactory to - 'ehear the case. The case will come on foi: re-hearing on Friday. BROWN v. HEENAN. Sitting in Chambers, Mr. Justice Cooper refused an application for a special jury in the case of Heber Brown v. Heenan and Froude, Ltd., claim for £1000, or £500 damages, i'or personal injuries. Tho cas& wd&_ &ci down for hearing on the 25th inst. i SITTINGS ELSEWHERE. [BT TEiKGKAPH — PRESS ASSOCIATION.] DUNEDIN, This Day. The following prisoners pleaded guilty in the lowoi couit ? and were sentenced by Mr. Justice Williams this morning : —John Wells, *for horse stealing at Rae's Junction, was admitted to probation for twelve months;' William David Johnson, a menjber of the Highland Uifles. for breaking and entering a nouse and intimidating the inmates, was admitted to probation for .-six months, and ordered to pay 35s for the damage done, and costs of the prosecution ; James M'Laren, for bicycle stealing, wjs sentenced to twelve months'* imprisdnment, and declared to be an habitual criminal; John Brown, for theft of watches at Wellington in April, 1907, leceived twelve months' imprisonment; Caleb Thomas, ior non-compliance with a probation order, was sentenced to twelve mouths' imprisonment. AUCKLAND, This Day. .Henry Toovcy uas found guilty of hiding forged tobtlisutor tickets, and m;is sentenced to tno years' imprisonment, with haid labour.

The Government is being urged oy Mr T. M Wilfoid, to proceed with , tj-.c const maion of a new post office building at the Upper Hutt on the land owned by the Government in the main street. Last year's estimates included ii -vote of £600- for this wtik. }irf WiKord suggests that the £600 be expended immediately on the work, and in such a way as to allow for an extenfio:i ol the building later on . A request has been made to the Ji"nister for Railways that 'the mail train bhoulil stop at the Mangaroa .^ccion, and thus tave settlers the inconvenience of a long drive or walk from the Upper Hutt. / Thu Ferry Company will run another exclusion and conceit at Day's Bay tomorrow evening. An interesting programme has been piepaied, and the grounds and pavilion will be specially illuminated for tho occasion. The s.s Duchess will leave the Ferry Wharf at 8 p.m. sharp, returning from the Bay at 10 o'clock . As in most towns just now, Petone is endeavouring to check excessive use of the watei supply. The borough engineer last evening asked 'die, 1 council to amend clause 52 of the Waterworks Bylaws wherein power is given the inspector to inspect only between the hours of 3 a.m. and 6 p.m., Sundays excepted. In the engineer's opinion, power should bo given to inspect outside premises at any time, as it is chiefly after 6 p.m. that garden hoses are in use. The resolution of the council to allow garden watering from one hour p^r day, he pointed out, was of little use as it stood, for there were persons who watered gardens at all times, who, when challenged, replied that they were using the hose for 'ten minutes in the morning, and for short periods of time during the day. "further, ho recommended that the town be divided into blocks, and the hour during which watering might be done allotted to each block. By doing this the pressure upon the mains would not be unduly lowered. The engineer's ro- , commendations were adopted.