Court of Appeal.

Hastings Standard, Issue 375, 17 July 1897, Page 2

Court of Appeal.

THREE HAWKE'S BAY CASES. [By Telegraph.] (Per Press Association.) Wellington, This day. •Judge Edwards delivered judgment in three Hawke's Bay cases. In the case of O'Sullivan v. Brown and others, an appeal from the judgment of the S.M. at Napier in a claivti for £BO, rent of the Theatre Royal, as the case stands he is not able to form a judgment, and the case must be remitted to J;he S.M. with directions to set out in fall the facts in connection with the agreement between the parties. In Dalgetty v. Loughnan, a suit in which plaintiff claims that the defendant shall be declared a trustee for them of sums of £lo2G 10s, part of a sum of £4OOO received by him from Woi. Nelson, and for the proportional part of the interest payable upon a promissory note given by ,W. Nelson for the said sum, judgment was given that defendant is a trustee. Costs were allowed according to scale. In South v. Palmer, a suit to enforce the specific performance of an agreement for the transfer by plaintiff to the defendant of lease of property in Tennyson - as " Gnerous," a decree was enforcing the performance. Costs were allowed plaintiff as on a claim for £3OO.