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SUPREME COURT.—CIVIL SITTINGS.

Ebiday, Jolt 12.

(Before Hia Honor Mr Justice Williams.) FKRRIE V. ISAACS. Claim, Ll5O damages, for alleged wrongful “’slrßobert Itout appeared for the plaintiff, William Ferrie, and Mr Solomon for the defendant, Isaac Isaacs, , , At the resumed hearing of this cam uie following evidence was given Edgar Hall Carew, Resident Mag.stiate, deponed that he had it on his notes of the caea Isaacs v. Sutherland that Isaacs stated that Mrs Feme's bill of sale was to be repaid by monthly instalments extending over twelve months. Me thought, however, that was consistent with what Isaacs now said, that he was to take what Mrs Ferrie could givo him at any time. Randolph 0. Creagh stated, in answer to Mr Solomon, that when the first bill of sale was read over Mrs Ferrie did not ask about the L 6 she was to pay every six months, nor did Mr Isaacs say that if she paid L 6 every six months the bill of sale could run for ten years, Mr Isaacs told her that the bill of sale was payable «n demand. Witness was present when Mrs Ferrie paid &6 to Mr Isaacs, fcbo asked if he

would take L 6 and hold the bill of sale over, and be said be would, but be gave her to understand that he could, if be liked, put the bill of sale in force any moment. It was not true that when the second bill of sale was executed it was slated that Mrs Feme was to repay it by Lit a month. Witness was present on one occasion after Sutherland’s case when Mrs Ferric, being unable to borrow money from I Mr Isaacs, said she would make it hot for him. i To Sir B. Stout; Witness was present when ' Mrs Gooueman and Mrs Williams paid L 3 on account of the first bill of sale. Nothing was said about the L 3 being part of LG. James Alexander Park, auctioneer, called by ! Mr Solomon, stated that he sold Mrs Feme s ; goods for Mr laaacs. Previous to the sale he . made a rough valuation of the goods at Mrs j feme's house. The goods realised L 35 12s, ; which was a fair market price. That exceeded j Iffg private valuation, which was L2B. The ' articles mentioned by Mrs Ferrie as not being I 1 included in the bill of sale would be worth L 4 10s. Ho was first instructed by Mrs Ferrie to sell and to hold the proceeds for Mr Isaacs, After argument by counsel His Honor re- | served judgment.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ESD18890713.2.26

Bibliographic details

SUPREME COURT.—CIVIL SITTINGS., Issue 7958, 13 July 1889

Word Count
434

SUPREME COURT.—CIVIL SITTINGS. Issue 7958, 13 July 1889

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