A HAWKE'S BAY RUN CASE.

Hawke's Bay Herald, Volume XXXII, Issue 10647, 29 June 1897, Page 3

A HAWKE'S BAY RUN CASE.

(BY TELEGRAPH.) Auckland, Monday, At the Supreme Conrt civil sittings the oaie Thomas J, Steele r. Bank of New Zealand was beard. This was an aotion by way of counter olalm (an original aotion by the Bank of New Zsnland against Steole, olalmlng £199 6s 8d for calls, having been discontinued) to recover £6956 5s 7i damages for alleged breaches of covenants. Messrs H, Campbell and Earl appeared for Mr Steele, and Messrs Tbeo Cooper and Humphries (of Napier) for the bank, A special jury of twelve wns sworn In, Mr J, M. Bclgham baloß foreman. With the exception of Mr Balfonr, defendant's late manager at Napter, all the witnesses were ordered out ot Conrt, Mr Earl opened the pleadings to the jary. It appeared that Steele granted a lease In 1891 to the Hon. J. B. W'hyte of a rnn comprising 13.546 acres at the Crlcklewood eßtate, Wnlroa (Bawke'a Bay), with covenants, it is alleged, on the part of the lessee, to keep the tame in the asme state of cultivation as at the commencement of the lease. Mr Whyte granted a mortgage to the Bank of New Zealand, and it was alleged the bank subsequently entered into possession as mortgagees, Plaintiff alleged it was allowed to go ont of cultivation and the fenoeß on the station became dilapidated, and he contended that a duty was Imposed by law upon the bank to observe the covenants in the lease to Mr Whyte. Mr Campbell explained the subject of action to the jury, and said that for many years Mr Steele was a runholder In the Hawke's Bay district, and lived on the station the subjecti of the aotion. The hearing of the case Is likely to last some days.