SUPREME COURT.

Lyttelton Times, Volume XCIX, Issue 11540, 29 March 1898, Page 3

SUPREME COURT.

CIVIL SITTINGS. ■ Monday, March 28. (Before his Honor Mr Justice Denniston.) The civil sittings -were opened at 11 a.m, friend’s steam generator, and impobous BUTTER BOX COMPANY V. DUNLOP. Mr Beswick, for Mr Purnell, for the plaintiff, asked his Honor to fix a day for the hearing of this case, an action for damages or for specific performance of a contract for the purchase of a patent right. Mr Stringer, for the defendant, submitted that the plaintiff must elect whether to go for specific performance or for damages. If the latter, the defendant was, he contended, entitled to a jury. His Honor was of opinion that the action could hardly be taken as one for specific performance, as the contract was practically one for the sale of a chattel. After some discussion his Honor said that if the parties agreed that the action should be treated as one for specific performance he would do so and take it alone. Mr Beswick elected to have the case taken as one for specific performance. Mr Stringer concurred, and the hearing of the case was fixed for 10.30 a.m. on Thursday next.

VINCENT V. TOEK. Mr Stringer, for the plaintiff, asked his Honor to fix a day for the case, stating that it would take two days to give notice to a material witness.

Mr Rhodes, for the defendant, concurred, and his Honor fixed the hearing for Monday next. LANGDALE AND OTIIEES V. HOOD AND ANOTHEE.

Mr Stringer appeared for the plaintiff in this action, a claim for accounts. Mr Rhodes appeared for the defendants. The question was one of a technical breach of trust on the part of the defendants, who were trustees under a will, in connection with the purchase of certain land. The action was a friendly one, and by consent the matter was referred to the Registrar, leave being given to both parties to apply. HUES® V. HUESE (DIVORCE). Mr Russell obtained a decree absolute herein.

LAW NOTICES—THIS DAY. IN CHAMBERS.

Be George Beatty, deceased, Ward and Co., Limited v. Kent and others.—Originating summons, Mr Lane. M’Callum v. Konig.—Motion to make absolute changing order nisi. Mr Cowlishaw.

Gordon v. Gordon.—Motion for restraining order. Mr Maude. Be M. Lowe, deceased. Motion for executor’s commission. Mr Widdowson.

Shury v, Stitt and another.—Summons for extension of time for filing defence. Mr Cotterill.

Be H. J. Hall, deceased. —Motion for executor’s commission. Mr Cresswell.

Be R. Galway, deceased.—Motion for executor’s commission. Mr Cresswell. Trustee Act and rc deed of settlement Symes and Park.—Petition for appointment of new trustee. Mr Cotterill. Be Ann Hamilton, Deceased (Mr Widdowson); rc Sarah Vaughan Jones, deceased (Mr Russell) ; re Mary Dixon, deceased (Mr Helmore) ; rc John William Webb, deceased (Mr Slater); rc B. W. Mountfort, deceased (Mr Slater). — Motions for probate. Be Christina Scott, deceased (Mr Helmore) ; re Arthur Orr, deceased (Mr Slater). —Motions for letters of administration. IN BANKRUPTCY. Be George D. Cronin.—Motion for discharge. Mr Izard. Sixteen motions for release. —The Official Assignee.