SUPREME COURT.

Hawera Star, Volume XLVIII, 21 August 1924, Page 3

SUPREME COURT.

TARANAKI SESSIONS. The hearing was concluded on Tuesday afternoon, before the Chief Justice, Sir Robert Stout, of the action brought by Joseph S. MeConkey (Mr. L. M. Moss) against Frank Brady (Mr. R. H. Quilliam)*, in which a claim was made for £4OO damages for loss alleged to have been suffered through the misrepresentation of the defendant in conenction with the sale of a confectionery business in Devon Street, New Plymouth, in March last. After the addresses of counsel and his Honor’s summing up the matter was put to the jury on three issues—firstly, as to whether there was any fraudulent misrepresentation; secondly, was there any warranty; and thirdly, what damages, if any, was the plaintiff entitled to ?

The iury retired at 4.3 f) and were about 50 minutes in considering their verdict, and then found for the plaintiff on the first issue, against him oh

the second, and awarded him £25 damages. Mr. Moss moved for judgment and applied for costs. Mr. Quilliam moved to have costs fixed as on the Magistrate’s Court scale, on the ground that the action was one which might have been taken in the lower court. His Honor reserved the matter.

The list of • cases for hearing was considerably curtailed as a result of several settlements announced. The action in which the General Transport Company sought an injunction to restrain business and £5Ol damages against William R. Burgess .-was settled on the basis that the defendant agreed to a complete injunction provided he is allowed to carry on his occupation of a motor lorry driver for any firm other than a carrying company. He undertook not to canvass for the New Plymouth Carrying Company. The claim for damages and a ■cJountcr-elaim .for £2-0(1 wore withdrawn, and each party agreed to pay their own costs.

The claim of Mary Helen Vinten, as administratrix of Henry William Ellerm, against Catherine Campbell for £3OO, money allegedly due and owing, was settled on the terms that the defendant should pay to the plaintiff the sum of £250 without costs. The claim of Daniel J. Williams v. Harry Al. Livingstone"and another for £979 19s 4d and interest allegedly due under a mortgage, has been settled and struck out.

Settlements were also announced in the actions T. AY. Perger v. T. Breen, order for consent to an assignment and £132 2s lid damages, and J. W. Corey v. Harry Aylmer Alainwaring, possession of land leased and £lls for alleged breaches of covenants. In a petition concerning the estate oR Edward Clutterbuek. deceased, a settlement was arrived at in court by which Airs. Alary Jane Purdie, stepdaughter of the deceased, will he allowed £3OO in full settlement of her claims against the estate. The decree nisi granted Helena Louisa Wilkie against John AA'ilkie was made absolute. A motion for a new trial in the action J. S. AlcConkey v. F. Brady, a claim for £4OO as- damages and loss through alleged Ifal.ue vepreseutailjion or breach of warranty, it is understood, is being entered by Air. L. Al. Aloss. counsel for AlcConkey, on the ground that the damages awarded (£25) are inadeouate in view of the verdict returned.