SUPREME COURT.

Nelson Evening Mail, Volume XI, Issue 271, 13 December 1876, Page 2

SUPREME COURT.

IN BANCO. [Before his Honor Mr Jdsticb Gillks.] Davis v. Catvthbon. This was an action for specific relief, and the following is the substance qf the declaration: — That for the period of thirteen years or thereabouts the defendant has acted as shipping agent for the "Intercolonial R M. Company," '-'The Panan-a, New Zealand, aud Australian Company," "The Union Company," and for " M'Meckan, Blackwood, and C 0.," and also as agent for J. S. Cross, jun., in the collection of wharfage dues. That Davis and Co. have during the period mentioned been consignees of large quantities of merchandise conveyed in vessels belonging to the said Companies. : That it was the duty of the defendant from tyme to time to collect from Davis and Co. various sifins of money for freight and wharfage. That the defend**,*-! under color qf liis authority as agent by falsely pretending that certain njoneys were payable by' I)avis and Co. fraudulently demanded and "received from them ui.ojt-ey** which were not parable by them. ■-n.tr. That for the purpose of deceiving and defrauding Davis and Co. defendant rendered fictitious statements purporting to be true accounts, falsely and fraudulently inserting in them other and greater sums of money than were payable, owing to which representations plaintiff paid in the whole a very large amount in excess of what he was fairl v liable for. ' ' '|T J That the defendant in-*,de similar fictitious statements with regard, to wharfage dues, thereby receiving * lar-je -|i*nj ;' in excess of what he was eiitjitled to. That tha plaiutiff has demaij-Je-J fron? the defendant a true statement of the accounts which were properly chargeable, and also the

repayment of all moneys so fraudulently obtained, but the defendant has wholly neglected and refused to render or pay either the one or the other. The plaintiff therefore prayed that an account might be taken, under the direction of the Court, of all moneys that were payable by him during fche period mentioned, and also of the moneys actually paid, and that the defendant might be decreed to pay to the plaintiff all moneys fraudulently or improperly obtained, with interest thereon. To this declaration the defendant demurred upon points impugning the validity of the plaintiff's declaration, which demurrer came on for argument to-day. We shall give a full report to-morrow. Harlet v. Strike. The plaintiff demurred to defendant' 3 second plea as being bad in law, and the de- | fendant took two objections to plaintiff's declaration. Mr Acton Adams for plaintiff and Mr Fell for defendant argued the question at length on Saturday last, and the ; Court delivered' judgment this morning in j favor of the plaintiff both on the objections I to the declaration, which were held to be bad, and the demurrer to the plea, which was held good. Demurrer supported with costs.