SUPREME COURT.-IN BANCO.

New Zealand Herald, Volume XI, Issue 3847, 12 March 1874, Page 3

SUPREME COURT.-IN BANCO.

WEDNESDaST, MAItCH 11. -... H:? Xu:"or Qir G-eorge A. Arney, nr., Oniet Justice.] Tliji iirs: sitting 0: the Court iu banco after the hnv vacation ' ■; held ( j-dar, beforn Hie Honor the Chief Justice, and the following business disposed of : — '■ v. Ghaeasi ; G-iAE'AJi v. W:- 23. — ■ ..F.s aciv.ss-nctioii.tlio fcein;: tried upon -f fact tindings re- ■ ; ilie.'.iiry. Accordicg t > i.hs rule of Court, applications avi-ing out of the proceedings at the trial must be mad'.' at the fim stliiug »a banco after the Circuit Court which shall bo held 110'. [ess thar. three days after the -.1". : pphed Jin *Iy that the second action should be dismissed, but there «i.s no «:»i»tfu-a!ice on the cr.h?r sido, owing, as i\j ap pv.a'. O'.i, 10 the injuliioiency of !he notice. iU-. UiL.es >,u3 now prc.-cr.t to oppose tro application, bu; Mr. Kecs seid'he had received no noti?e, nms ttbs n?t prepared to srguo the question involved iu such circumstances. Xho application was postponed until next sitting in banco.—Mr. P.ees said he would at the same time apply for u decree in the first case. Gkaiiaii t. Xuomas (The Queen of Beauty Gold Mine). —The application in this ease was by consent postponed for a week. Kirk v. Bhogden. — Xhis action by a workman to recover for breach of contract wages for loss of time, was tried at the last Circuit Court, in:d a verdict found fv.' plaintiff for £25. Notice was given of an application for a rule for n new trial or to enter the verdict for the defendant.—Mr. MieCormick now informed the Court that, the matter had beon arranged, that the'iaintiilconsented to lihe rule being made absolute, that iho vordict be entered lor the defendant. . TjOXGDELI V. Wlli!, —Argument' upon motion to moke absolute :i ruie ■• «(' obtained on beli-df of the plaint ill lor 2 new tri"!. M-. Cxiiliea a])neared for the p!ainli'!', and inovea the rule absolute.—Mr. Kees, for Lhe defendant, shewed cause against the rule. The action was tried at the last civil sitting's of ilia Circuit Court, and was brought to recover upon a biii of eicmaiiye for £i2i, under the following circumstances: —The bill was made by the defendant ill favour of liueaoz and Co., aua was held by a third parly, out was haude'i over by the third nittfry, upmi jv.-i nn-inutim j]: l .. to the present piaiutiti', m-:io tho rcpresentuii/o m .'>m'. ; )oiz and Co., and Liie present iT<:'9i;er 01 their otiiiuess in Aucklaiiri. Tnere had been an eeiweeu lioc-hoiz u-id Co. and Webb, who war : ii.-i • iai:'i. •:■'!. vnat iu ecnsuivrulie.! or" their hn\itig the. premiifS they occupied at £50 si-y luaii tuey at liie time p;V"in£, they «-or« tf assist Webb, who had got iu'o d;ffieuities through mining speculations. Ihe assis'-;.!.'''' rr-q'.iil-eti was to c : lii 'U to meet toe above bill, f'bicii w:is in the uuujs of Mr. iwtiusoa. As a . security tor any they u.ade, tbey wore to receife the reuta of nil Webb's Fortsireet property. jiotno time uiiuriYtuds XUi.? u 00. astrc' l . W- b':. fo ! } niiTin to ■ ' l .f rout 1 h-- arrao ieineul. Pu.thoiz p.iici the bill l)'il the iuici-ast due I.p Ml i r - jll : .'- : 1.-d the i'i. to the pl-.vo •'? n-i'< I; r.-j.ov-ci- as liuonoiz's atiomry. Tha q'u--! Ima oi not were —Di'i defendant -nako tin- 1 i' Was it for Bucbe's's aee joiujodalioti r A;i i thej - f--und IhaL tiiu bi ; t wad :L;ade by the -ut ; that ic for aeeoffit2od , .!:f;;, rnd thatdeiendan 1 : received no consideration for it. Xhemateriiit d-a'erenco wes as to ti •- ;-.wommodtttion""»ud want or orhervri " of rons;;leration for it. The defenoaui's i.-.i-iut': ; ed that there w:.* no eonsidi.-rutijn fo- the bill, aud toe plaiuiiti's counsel argued that the guarautee given by Bac-holz to j„ ( . "Wetb's debts, wis u. ruiuaoie co;i:ideratiOi. ior tho biii. —Mr. Sees nnrl Mr. Cfiilics wv>- ii->-\rd at ie'tg'.ii.—His Honor said he wcu' ' through :he 5..d.::'.;e before giving jud-v^icat.