Supreme Court.

Manawatu Standard, Volume XL, Issue 7768, 16 February 1904, Page 5

Supreme Court.

'-(■Befoi'e -Mr/Justice-' Gboper.)."

: The;: case;-pi-T/ySheerin^v;' HJ : -;G;- : Moore,; clainr:;£97.4; 13s-4.d,::was:con-'tinued after ;wc went to.- press1' yes-tei-dayafternobn.; ■ The evidence .of •the' pLaintiff^clbse'cl v hvs ' case,: v-' amid evidence lor -the 'defence was' 'given Vy HI.R. Cdopbr' and' defertdant:■;-'.]'■

The:- latter, :'givi:ng; evidence ;oni his own; behalf, -said;he had: advis.ed -the plaintiff- that -if v'his brother' Pat made \default with! the second mortgage he, the plaintiff, could buy thejproperty. ''■■''■:■■ Witness reminded plaintiff- that his brothea- would probably want a .half■-, shar<j: if the property was sold. ■ The. worst ef-' feet of that would be; that ■plaintiff would have to .'give', Pat,. a half nhnvc, tout the latter would bave to' pay the second mortgage and probably costs. On" the. question ''■ of non-advertising, one of ;the grounds • lor declaring the sale of the pro-, perty to plaintiff void, witness said he asked plaintiff if h e would pay the. cost of the advertising and he saiid " Xo, Pat had the money and the mortgage and he would iiava to pay. the-advertising." " Witness detailed at length the conversations and 'discussions v that had taken pi ace". between: '.plaintiff and himself on the whole: transaction,' and- added ;ho had■ obtained ,an 'indemnity from- plaintiff on Parker's ■account in; case P: Sheerin commenced- [an action. Defendant's evidence was continued to-day. ■

TUESDAY.: The bearing of the case, T. Sher-nn-v.---H.-G. Moore was continued this morning. ,'. At tjie termination of the defendant's ■'. ci-oss-examina-tion, the Judge said he would loo^c into the case and, if necessary, call upon- counsel engaged to address him upon the question of damages. In the meantime he would look into the case of Shee^ rin v. Sheeri*, heard at Wenganui, when, the sale of the property to the present plaintiff was declared void. A decision was, therefore, reserved. i .

The Court adjourned till the 2,7 th inst.-, when the civil list will he proceeded with.