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THE COURTS—TO-DAY., Issue 7997, 28 August 1889
■■♦ SUPREME COURT-IN BANCO* (Before His Honor Mr Justice Williams,) Waterston v. Cabswell.—ln this pre-viously-heard case His Honor now gave judgment, upholding the decision of the Magistrate at lavercargill. Appeal dismissed with costs. Natlok v. The Undaunted Gold Minting Company, Limited.—ln this previouslyheard case His Honor new gave judgment. His Honor considered that it had been fully proved that plaintiff's land had been flooded consequent on the diversion of the wat»: in the hotnesteud sludge channel, and that hia land had been injured by the deposit tbereoa of the company's tailing?. Plaintiff was therefore entUUd to damages; but it was difhcutt—indeed toYpossible-to assess the damages satisfactorily. Oa the whole he I had Buflß?ed considerable injory, to which w>* wrongful acts of the company had contributed; but he was quite satisfied that, there were other contributing causes, far which defendants Here not responsible, and which probably gave rise to the greater part of the mischief. Plaintiff had not established any claim for an injunction.—Judgment for LSO and COStP. Findlat and Co. v Mandib.— In this p eviou&ly-heard case Hw Honor now gave judgmeut. His Hmr d ! d net think, by the true con truction of the contract, that the plaintitfs. on any view of the evidence were entitled lo recover.—Case dismissed with costs. lie MiRY Pateeson and Thb Lioensixo Committee op Moeraki Pisnuot.—Motioa f.>r writ of certiorari in order to quash license grante-i, Sir Robert Stout appeared for the Solicitor, General, in support of the motion; Jit Haggitt for the Licensing Committee s Mr Calvert for the licensee. Sir R. Stout said that he moved for a writ of certiorari to be dieted to the Moeraki Licensing diitric* to remove into this Court all connected with, the applloation or Mary Paterson, of Herbett, widow, for a oertiricate authorising the issue to her of a publican's license for the Royal Hotel, at Herbert, for the purpose of having the said ceitificate and the license issued quashed.— Judgment was reserved. Ward v. Tin National Bank.—ln thh (■reviously-heard case His Honor delivered a lengthy judgment. The plaintiff had uc dotbtedly succeeded in the present action ; he had succeeded in having Bet aside tha second guarantee on the ground of fraud •;nd, although he had not established ariafct to relief anconditlonully, he had succeeded
to Uttering hit piitlou by nearly LCOO (hla proportion of the securities hold by the bank), and had done nothing to deprive him of costß in this action. The only thing that oould be said was that there was a lack of promptitude in taking the necessary steps to bring the action to a conclusion, but the defendants could have hurried that if they had chosen. Plaintiff was therefore entitled to the costs of this action, including the costs of all proceedings in it which were directed to be costs in the cause, and including the costs of both trials. As to the costs in the summous of October 28, 1881 (when the plaintiff obtained leave to amend his statement of claim), plaintiff had failed, and therefore must p?y the costs thereof (L3IJ). It was contended that the conduct of plaintiff ia prolonging his defence of the previous action brought by the bank should deprive him of the costs of the present action, but His Honor did not think so. The present plaintiff not only pled at law and allowed the record to be made up, but allowed the case to go twice for trial, in addition to taking it to the Court of Appeal and the Privy Council. The plaintiff must therefore pay all the defendants' costs of the action at law subsequent to the declaration. Costs in present case to be fixed by the Registrar. Costs of common law action to be taxed by the Registrar at Chris tchurch. RESIDENT MAGISTRATE'S COURT. (Before E. H. Carew, Esq., R.M.) Equitable Insurance Association v. John" Munro(Westport).—Claim, L 33 l(h 3d, ou a dishonored promissory note and for overdue calls.—Judgment by default for L 32 14s 3d and costs. Dunedin Brewery Company v. J. Rugg (Greymouth).— Claim, LB. Mr Sim appeared for plaintiff; Mr J. Macgregor for defendant.—Mr Sim said that the claim was to recover the price of two barrels of beer supplied through Mr Girdwcod, the company's agent at Greymouth. Defendant admitted receiving the beer, but now set up the defence that his contract was made with Girdwood alone. He (Mr Sim) would prove that the invoice was sent to Rugg, that he ( wrote about it, and that in one letter he ■ wrote of the brewery company as if they were the other party to the contract. Defendant's evidence, taken at Greymouth, would be put before His Worship, and concerning this he (Mr Sim) would re- ( mark that there had been no opportunity of oross-examination.—Evidence was given by T. S. Graham (as representing the plaintiff ' company) and by the clerk to the company ; . and on the other side defendant's evidence ( was put in.—Mr Macgregor submitted that f it was clear from the evidence that the cause f of action arose either at Greymouth or Kumara, and that consequently this Court had no jurisdiction. It was quite consistent with Graham's evidence that Rugg made the . contract with Girdwood alone. Such a transaction was distinguishable from one in which a man gave an order to a traveller.— Mr Sim having replied, His Worship decided that the case must be struck out, this Court having no jurisdiction. Costs were allowed to defendant.
THE COURTS—TO-DAY., Issue 7997, 28 August 1889
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