SUPREME COURT.

Evening Post, Volume LXXIX, Issue 64, 17 March 1910, Page 8

SUPREME COURT.

i SITTING IN BANCO. Mr. Justice Williams held a sitting in Banco lu-duy, when ho had befoie him the case ot A. J. Hand \. A. Maguire. This w.is an at t ion that hud been submitted to arbitration, but the aibitrutoi* submitted question* of law to the court for it-, decision. Hon. T. W. Hislop and Mr. Lcvi ap peared for plaint ifl. and Mr. C •'. Skerretl, X.0., and Mr. Ostler for defendant. Thr questions related, iv tnoet part, to excavations of adjacent laud iv connexion with the building in question and tlin liability for any landslips that might have occuried. Mrs. Field, owner of adjoining property, obtained nn injunction against the work of excavation as then being carried out. It was then alleged that the back wall of the building wit* not strong enough to withstand the pressure of the bank subsequently. Ihe excavations and building of the wall were afterwards carried out by a Mr. Fitzgerald, an agreement having been come to by Rand and Maguire as to how tbe work should be carried out, and the conditions of the same. The Banco action arose nut of the arbitrator*' interpretation of this understanding and the questions which they put before the court for its decision. Numerous law points bearing on tbe questions at issue were raised and argued. SALfi OF AN ESTATE. His Honour the Chief Justice reserved judgment in the case brought by Thomas Morland, Rakaia, iarmer, against Frederick Hales, Benjamin Coleman, James Brownlie, John Oliver, and Thoma« Wilson, Wellington — a claim for the specific perfoimance of an agreement between the parties concerning the sale to plaintiff of the "Birch Hills" e«tate, Marlborough. Edward Somerville wns joined as a third party. The hearing of the case concluded yesterday evening. Mr. George Harper, of Christchurch, and Mr. T. Young appeared for plaintiff; Mr. C. P. Skerrctt, K.C., (with him Mr. 11. F. O'Leary), instructed by Mr. J. J. M'Ornth. "for defendants; and Mr. T. \V. Stringer, K.C., of Christchurdi (with him Mr. P. Levi), for the third party.