Waetford V. Clendon And Wood.

New Zealander, Volume 7, Issue 590, 10 December 1851, Page 2

Waetford Y. Clendon And Wood .

This was an action to recover £200, tbe amount of damage alleged to have been sustained by the plaintiff by the wrongful seizure, by the defendants, of the plaintiff's vessel, called the Phantom, while lying in the Port of Russell, in June last. The plaintiff claimed the vessel under a bill of sale, executed by Thomas Phillips, bearing date 9th June, 1851. The defendant Clendon, on the appearance day, appeared and pleaded, Ist. That he did not seize or take possession of the vessel as alleged. 2nd. That the vessel was not the property of the plaintiff. 3rd. That the bill of sale, under which the plaintiff claimed, was fraudulently made, with the design of defeating the execution of a conviction, or then expected conviction, which conviction, was made and pronounced on the said 9th June, 1851, by defendant, as Resident Magistrate at the Bay of Islands, against Thomas Phillips. The plaintiff, in his replication, joined issue on the first two pleas, and denied the fraud alleged in the third plea. The defendant Wood did not appear on the appearance day. This being the day fixed for the trial of the cause, Mr. Whitaker appeared for the plaintiff, and Mr. Merriman for the defendant Wood. The plaintiff having previously abandoned his suit against Clendon, and carrying it on against Wood onlyMr. Merriman consented to a judgment being entered up for plaintiff for a farthing damages, which was accepted by Mr, Whitaker for plain-, tiff.