MAGISTRATES’ COURTS.

Lyttelton Times, Volume XXXVII, Issue 3570, 27 June 1872, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, June 26. (Before C. C. Bowen, Esq., R.M.) CIVIL CASES. Samuel L. Bell v. Garrick and Cowlishaw. —Dr Foster for the plaintiff. This case was hoard on tho lllth inst., and his Worship now delivered the following judgment : —ln this case it might be inferred from the conditions of sale, that the title was not perfect. But there was nothing on tho face of the conditions, and no abstract was submitted which could have led the purchaser to suppose that no title at .all could be made. The duty of his aolicitojj was jto advise his client of this. The plaintiff is entitled now to bo placed in the same position as he would have been had such advice' been given him on which he could have thrown up tho purchase—but he cannot claim for what he might have got for the land, if there hod been a title. I shall allow as damages the amount paid for the land, £7 10s, and that portion of Messrs Duncan and Jameson’s bill referring to this ease up to the commencement of the suit, including cost of crown grant and registration fees, £9 13s 2d. Judgment would be given for £l7 3s 2d, with costs £2 14s. Mr Cowlishaw gave notice of appeal.. Morrow, Bassett, & Co. v. Robert Powrie.—Claim, £32 10s. Judgment, by default, for full amount and costs.

Trustees of D. Stewart v. M. M‘Namaka and B. Taafe.—Claim, £2B lls sd. Mr Bamford for the plaint iffs, and Dr Foster for defendants. Plaintiffs nonsuited, with costs £6 li. W. H. Partridge v. Wit. Stoddart. — Claim, £9O. Mr Joynt for plaintiff, and Mr Garrick for defendant. Judgment for £3O, and costs £ll Is.

Harriet Jackson v. P. M'Eyedy.—Claim, £3. Mr Thomas for the defendant. Judgment for £llos, and costs 14s. Avon Road Board v. D. Douglas, H. MTlroy, and S. M'llroy.—Claim, £25. Mr Joynt for the plaintiffs, and Mr Garrick for the defendants. Judgment for the defendants, with costs £8 6s.