THE COURTS—TO DAY

Evening Star, Issue 14511, 1 November 1910, Page 4

THE COURTS—TO DAY

SUPREME COURT.—IN CHAMBERS.

(Before His Honor Mr Justice Williams-) His Honor sat at eleven o’clock.

Xfi-obate was granted in tho estates of the following deceased persons : —Thomas Peddle (Air Crisp), Betsy Moore (Air Dgveyj, John Bullied (Mr Lee), Bobt. John Irving (AL Inder). Letters of administration were granted in the estate of Henry Downes, deceased (Mr Adams). In re Edward Pritchard, deceased (Mr Stephens.—A motion for commission to executors.—The matter was referred to the Registrar. Li re William Kennedy deceased (Air Nichol).—A petition for directions as to paying out estate.—His Honor decided that the petitioners were justified in paying to Evelyn F. Cullen, as prayed. Inder and Cochrane (Air Hosting, K.C.) v. Faitt and Co.—Tliis was a summons for leave to deliver interrogatories.—Mr Hosking explained that tho sum of £SO was paid by Inder and Cochrane as a deposit on a sale made ‘ not by themselves but for clients of theirs. The sale was repudiated by the purchasers, and Inder and Cochrane sought to recover the deposit.—Order for interrogatories as prayed, answer to be within eighteen days from service. Simpson v. Ipglis and others.—Mr W. 0. .MacGregor moved to confirm Registrar’s report. —Report approved; costs to be taxed.

Aloloney v. Scoullar.—Summons for discharge of guardian ad litem. Parties were represented by Messrs AlacGregor, Hocking, and Cook.—Guardian discharged; costs out of shares of late infants, for whom Mr Dutton is guardian. * In the matter of an arbitration between Lydens (Mr Stewart) and the Preebyterian College Committee (Mr Hosking).—Summons for leave to enforce an award as a judgment.—Judgment reserved. SUPREME COURT.—IN BANCO. • In the afternoon His Honor heard an appeal by William John Spence (of Mandevillo) against a decision of the magistrate at Gore awarding damages in favor of Shiel arid Co. in connection with a short

delivery of potatoes—twenty tons for fifty tons. Mr Inder appeared for the appellant, and Air J. B. Callan for respondent. Mr Inder said that lie confined himself to two points, (1) that tho magistrate was wrong as a matter of fact in deciding on the evidence that it was not a sale of specific goods, and (2) that tho magistrate had misdirected himself as a matter of law upon tho measure of damages. At 3 p.m. counsel was commenting upon the evidence, and the fact that respondents, though they had notice that twenty tons were all that was coming, did not buy till later, when the price was higher.

MAGISTRATES COURT.

(Before IT. Y. Widdowson, Esq., S.M.)

Judgment by default, with costs, went to plaintiffs in the following cases:— Robert Hart v. W. Edgeworth, £2 Is 6d, for goods; same v. W. Salter, £1 Os 9d, for goods; M‘Loau and' Cormack (Mr Irwin) v. VV. Duncan. Huine (of Timaru), £4, for balance on goods supplied; John Edward Butler, Ltd. (Mr Scantlebury) v. R. J. Miller (of Owaka), £ll 9s 6d, on a dishonored promissory note; W. G. Robertson (Mr Finch) v. S. J. Leahy (of Gore), £3 10s, for goods supplied. A Grocery Claim.—Chas. Henry Tucker. Assignee of the book debts of Robert E. Crawford (Mr Allen) v. Stephen Albert Le Comte, a claim for £2 17s 3d, on groceries supplied.—Defendant admitted part of the claim, stating that some of the money (ss) had been collected and had hot been deducted from the account. —After referring to his books plaintiff admitted that a mistake had been made, the 5s not having been entered.—Judgment was given for £2 12s 3d, with costs (£1 12s). A Parent’s Claim.—C. Marshall v. R. Marshall.—A mother’s claim for £SO, alleged to be lent to defendant, her son. JH’ Baron for plaintiff, and Mr Hanlon for defendant.—Plaintiff’s evidence was to the effect that she had lent her son £ls to buy a horse, on condition that the money would be paid back, failing which defendant was to support plaintiff when her money was gone. Later on plaintiff lent another £2O to defendant.—The defendant, in his evidence, alleged that Iris mother had given him the £ls as a gilt io buy the horse. He denied over asking for the £2O, which he stated his mother had given to his wife to give to him. Ho had often received considerable sums of money from his mother as gifts.—Catherine Charlotte Marshall, wife of defendant, gave evidence as to receiving the money.—His Worship said he thought it was a great pity that a case such as this, between mother and eon, should be brought before the Court.—Judgment would be for defendant, with costs (£2 2s).