THE COURTS – YESTERDAY.

Evening Star, Issue 8084, 7 December 1889, Page 2 (Supplement)

THE COURTS - YESTERDAY.

SUPREME COURT—IN CHAMBERS. (Before His Honor Mr Justice Williams.) Probate.—On the application of Mr C. C. Kettle, probate of the will of the late John Barnes was granted to the executors (Walter Hislop and William Wright). RESIDENT MAGISTRATE'S COURT. (Before E. H. Carcw, Esq., R.M.) Duuedin ' Evening Herald' Co. v, E. IToworth.—Claim, 16a 6d, calls on shares.— Judgment for plaintiffs, with costs 16s 6d.— Mr Sim appeared for plaintiffs. Same v. James Neil.—Claim, L 3 12s 6d, calls on shares.—Judgment for plaintiffs, with costs 19a 6d.—Mr Sim for plaintiffs.

Grose v. Harris.—ln this case, in which judgment had been reserved, His Worship gave the following judgment: I think it unnecessary to go beyond a disputed question of fact, that is whether the defendant requested that shares he had bargained to purchase in the Nil Despetuiidum Company should be sent to Recfton to be put in order for exchange to shares in the HereulesCompany.then in course of formation. If the defendant did give such a direction, then I think the evidence shows plaintiff has done all that could reasonably be required of him in tendering transfers of shares in the Hercules Company, together with the best evidence of title he could got from the acting manager of the company in respect to the shares. On the other hand, if no such direction can be found to be proved, then I must find that the plaintiff was not ready and willing on the 16th October, the appointed day, for completion of the contract to deliver the Nil Desperandurn shaves to defendant, and made no offer to do so. •{Plaintiff's witness, Mr Watson, has sworn ►that on the Bth October he met Mr Harris, and the latter then said to him that he wanted his shares sent to Reef ton to be protected, that is, to be transferred into Hercules shares, and that he (Watson) replied that he would inform Mr Grose, Mr Watson further says that on the 10th October he again saw defendant, and told him he had sent his shares to be registered in the Hercules Company, to which defendant replied "all right." Mr Grose's evidence is that Mr Watson told him that Mr Harris requested him to send the Nil Dasperandum shares to Rcefton to be protected, and that he replied "all right," and subsequently did send them. Against this there is defendant's evidence, and ho denies most positively that he ever had any conversation with Mr Watson about protecting or sending the shares to Reefton. He has also produced a letter and telegrams which appear to me to show very clearly [that on the Bth and 9th October he in- ! tended forwarding the Nil Desperandurn scrip to Reefton himself; and on the 9th he sent the fees that would become payable on registration. It is highly improbable, in tho face of these acts of Mr Harris, that he told Mr Watson he wanted plaintiff to send the shares to Reefton. I eannot account for Mr Grose's evidence that Mr Watson told him Mr Harris requested his shares might be sent to Reefton; but it is possible he assumed Mr Harris would fall in with it. It is clear from Mr Montague's evidence that on the 16th October, when Mr Watson tendered Hercules shares, Mr Harris objected to them, and claimed Nil DesrJerandums. There has been nothing unfair on Mr Grose's part in this transaction, but he has been misled, it may be unintentionally, by Mr Watson, and has failed to prove that he was ready and willing to transfer Nil Desperandurn shares ; and the consequence is Mr Harris can escape from a bad bargain. Judgment for defendant, with costs (9s), witnesses, 20s, professional costs 635. WARDEN'S COURT. (Before E. H. Carew, Esq., Warden.) Charles Duncan Smith applied for per-

mission to erect a water-raco over one mile at Ca9tle Creek, Barewood Run.—No appearance ; application refused.—The same applicant was refused permission to erect a water-race ever one mile and a-half at Flat Stream, Barowood Run.

Robert Henderson's application for an extended claim over four acres at Three O'Clock Creek waa withdrawn.

Allan S. Orbell applied for permission to erect a dam at Butcher Guliy, Jkrcwood, half an acre in extent.—No appearance; struck out.

James Glossop applied for a licensed holding over thirty acres adjoining section 6, block 5, Mount Hyde.—Adjourned for survey.

John Welch applied f<r a residence site over one acre on section 8, block 5, Mount Hyde.—Adjourned to January 9. John Stewart Reid applied for a prospecting dredging area over 160 chains on the Taieri River, in the vicinity of Big Creek.— Granted.

George Johnston made application for a similar area in the vicinity of Three O'Clock. —Granted.

William Wilson Francis made application for a similar area over IGO chains on the Taieri River in the vicinity of the West Taieri bridge.—Adjourned to January 9. P. M'Namara and James Curran made applications to erect a water race over twenty chains on Coal Island, Preservation Inlet.