SUPREME COURT—CIVIL SITTINGS.

Hawke's Bay Herald, Volume XXII, Issue 7608, 3 December 1886, Page 3

SUPREME COURT— CIVIL SITTINGS.

Thursday, Decembek 2. (Before his Honor the Chief Justice and a jury of twelve.) His Honor took his seat at 10 a.m. FLINT V. 'J'AYLOII. Mr Cornford. with him Mr Hawkins for plaintiff, Mr Diik for defendant. This was an action to recover £948 12s 6cl upon an account between the parties extending over the period from August, 1880, up till November, 18S5. . The amount was largely made up by heavy items, which plaintiff alleged that be had paid at defendant's request and on his behalf, in connection with a bridge contract with the Wairoa County Council undertaken by defendant. The latter took the contract, plaintiff agreeiug to advance him £50 to deposit as seourity with the tender, and afterwards consenting, in conjunction with another party, to become surety for the tine completion of the work. Some time after the work was commenced it was discovered that defendant had miscalculated the cost, and had tendered at too low a price. Complications arose, and plaintiff had to mako payments of wages to men employed by defendant, to provide stores, and finally complete the work. The defendant denied all the principal allegations, ami affirmed that plaintiff, although represented as only surety for the completion of the contract, was in reality the contractor. The case was simply an investigation into very complicated accounts extending over five years. The plaintiff was under examination and crow-examination for several hours, and a number of account books were gone through at great length. The other witnesses for the plaintiff were "William Forster Shaw, George Vincent Kemsley, George Mayo, Henry Bristow, Joseph Parker, William Torrance Irvine, and Robert Bristy. For the defence, in addition to defendant, the following witnesses gave evidence :— Edward Noble, Joseph Hall, Thomas Downe, and George Hall. ' ' Counsel having addressed the jury, his Honor snmmed up at considerable length, going carefully through the principal items, and the jury, after a very brief absence, returned with a verdict for the plaintiff of £928 12s Gil, His Honor certified for costs on the igliest scale. Tho Court adjourned until this (Friday) morning at 10 o'clock.