SUPREME COURT.-CIVIL SITTINGS.
(Before His Honor Mr Justice Williams.) George Albert Tapper v. Edwin Alfred Tapper.— Claim, L 1,400. Sir R. Stout, with him Mr J. Macgregor, appeared for plaintiff; Mr Hosking, with him Mr Solomon, for defendant. This special jury case was set down for ten o’clock, but there being a prospect of a settlement between the parties no jury was empanelled, and at 10,30 Sir R. Stout said that ho was glad to have to intimate that a settlement of tho action had been wisely brought about. The parties were brothers, and family matters were involved, so that it was satisfactory that a settlement out of Court bad been arrived at. It was agreed that the following should be the terms of the decree “That tho defendant pay to the plaintiff the sum of LIOO In full settlement of tho LI ,400 claimed in this action, the defendant waiving any balance found to be due to him by the plaintiff on his counter-claim upon the taking of accounts in this action, and also in settlement of all other claims of any sort which the plaintiff may have against the defendant up to this date. Each side to pay its own costs of this action. And tho plaintiff agrees to deliver to the defendant all such deeds and documents as the Registrar and accountant shall order. The Registrar and accountant to sit within fourteen days from this date, and if the defendant or the plaintiff shall fail to attend the Registrar and accountant to proceed tx mrle. The plaintiff also disclaims the existence of any partnership between himieif and the defendant.” Counsel would now ask that a decree be made in accordance with the foregoing. His Honor : I understand this is a settlement of all matters in the suit except as to what deeds arc to be given up.
Sir R. Stout said that was the case,
Mr Hosking remarked that the plaintiff had deeds which the defendant claimed; but there was no suggestion that the defendant bad any which the plaintiff claimed. His Honor: lam very glad that you have been able to settle the case. It is unfortunate that it could not have been done before, without obliging all these gentlemen summoned on the special jury to attend. However, better late than never. Decree granted as asked for.
RESIDENT MAGISTRATE’S COURT.
(Before Messrs J. Green and J. D. Feraud, J.P.s.)
• Otago Daily Times ’ Company v. J. W. Marsh,—Claim, L 4 7s 6d, subscriptions due. —Evidence having been given by T. Hunter, judgment was given for the amount claimed, with costs.
New Zealand Loan and Mercantile Agency Company, Limited v. James Robertson, jun., Peter Robertson, and James Robertson, sen. (Waitepeka).—Claim, Ll3 2a 4d, balance due on a bill.—Mr Hosking appeared for the plaintiff company, and read a letter wherein defendants admitted liability, but asked for further time in which to pay the claim. Mr Hosking said that the summons had been issued previous to tho letter being received, and if an adjournment was granted plaintiffs would have to pay tho costs of adjournment. He therefore asked for judgment.—Accordingly, with coats, by default.
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THE COURTS-TO-DAY., Evening Star, Issue 8020, 24 September 1889
THE COURTS-TO-DAY. Evening Star, Issue 8020, 24 September 1889
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