BENCH AND BAR.

Hawera & Normanby Star, Volume V, Issue 764, 3 April 1884, Page 2

BENCH AND BAR.

♦ A LAWYER THREATENED WITH COMMITTAL FOR CONTEMPT. At the R.M. Court yesterday there v.as on the list the case of Blennerhassett Bros. v. Henwood and Rainer. This was a claim for goods sold and delivered, £12 2s 7d. Captain Wilson and Mr. Finlaysou were on the Bench ; Mr. Hutchison appeared for plaintiffs, and Mr. Matthews for defendant. The evidence so far as it went showed that some time since three men, Henwood, and Rainer were working in company for Mr. Parsons, of Otakeho, and obtained goods from plaintiffs' on credit. After a time Fleming left, but the other two continued the wort, and undertook to meet the liability for the goods, which wej» Hot mer-ely provisions and tools necessary for maintaining the men while at work, but also clothes, sweetmeats, &c. The bill finally reached the amount of £24 5s 4d, when the defendants finished their contract, and asked plaintiffs for their account, promising to settle with plaintiffs at 10 o'clock on a Sunday morning. Plaintiffs were at their store at the time appointed but Rainer did not appear, and after waiting till 4 p.m. plaintiffs told Henwood to go after Rainer, and if he could not find him to get Mr. Parsons to stop the cheque given by him to Rainer. Henwood did not do this, however, and plaintiffs told him they would hold him responsible for the full amount. Henwood afterwards paid £12 2s 7d as his share, but plantiffs still said they would hold him responsible for the balance. A surnmous was issued against both Henwood and Rainer, but as Rainer was not to be fouud the action was virtually against Henwood. The question was whether there was a partnership between Henwood and Rainer, and whether therefore Henwood was responsible for the £12 odd. Plaintiff bad not bought their books, and counsel for the defence commented on this, averring that plaintiffs case was not completed without the books being i produced. The Bench, without calling upon the defence, held that though the defendants were working as mates, there was no partnership between them such as would make Henwood liable, and they therefore found for defendant. Mr. Hutchison baid he should appeal. The Bench — Oh ! appeai if you like. Later on, Mr. Hutchison, on behalf of defendant, formally applied for leave to appeal to the Supreme Court (the bench's consent being necessary, as the amount involved was under £20), and offered to pay money into court as security for defendant's costs, in case the appeal should be dismissed. Mr. Matthews suggested that the bench had come to its decision on the inex'its of the case, and that under the " equity and good conscience" clause of the Act they would no doubt refuse leave to appeal. Mr. Hutchison pointed out that the case had not been wholly heard, and therefore could not have been decided on its merits. If the bench adopted that course it would-" show they did not think much of their judgment. The Bench said they did not thiuk there was such a partnership as to make Henwood liable. Mr. Hutchison poiuted out that that was a question of law, and there ought to be uo objection to an appeal. After further conversation the Bench notified tbafc an appeal would not be allowed as the case had been decided under the clause referred to — the" equity and good conscience clause." Mr. Hutchison then asked that the judgment should be altered to that of nonsuit, which would enable complain-

ants to bring the case on again 1 ; or else that a rehearing should be granted. Ma*. Matthews objected. l£ plaintiffs were dissatisfied, their course was to apply for a rehearing in the ordinary way. The Bench — If you are not satisfied, Mr. Hutchison, you may bring your case again. Mr. Hutchison — Very well. I understood the verdict was for defendant, not a nonsuit. The Bench — The verdict is for defendant. Mr. Hutchison (hotly)— What nonsense then to say I may bring the case on again. It is absurd to talk in that way. The Bench said they wouldn't permit Mr. Hutchison to address the Court in such terms. Mr. Hutchison — I know my privilege as a member of the Bar and shall express my opinion. Captain Wilson (who was now leaving the Bench) said the Justices were nofc going to be treated in this way, and if Mr. Hutchison did not behave himself he would find himself committed for contempt. Mr. Hutchison — Commit me if you like. Captain "Wilson (now on the floor of the court) — Yes, we will commit you if you do not mind. Mr. Hutchison — Well, I say commit me. I know my privileges as a member of the bar. It is an absurd decision. I say that now you are off the bench, and if you get on to the bench again, I will address you as a justice. The scene here ended.