AUCKLAND APPEAL CASES.

New Zealand Herald, Volume XXV, Issue 9078, 12 June 1888, Page 5

AUCKLAND APPEAL CASES.

[BY telegraph.—special correspondent.] Wellington, Monday. Several judgments were given in the Court of Appeal this morning. In the ease of Kerr v. Rhodes, an appeal by Mr. Kerr against a decision of Mr. Justice Gillies, in an action respecting tho sale of the patent rights of tho Hooker gaslight, their Honors affirmed the judgment of the Supreme Court, except that part thereof which ordered the payment by Rhodes to Kerr of the sum of £39 16s 3d for damages, but subject to the following condition, viz.: — "That the respondent ;do within one calendar month, or within such further period as the Supremo Court may order, procure the execution of a release of all rights under the agreement of the 18th of March, 1887, made between the respondent and Messrs. Craig and Kolly, and within the same period, or such further period as aforesaid, deliver such roloaso to trie applicant, or his solicitor, and, in default of the performance of this condition, judgment in the action is to be entered for the appellant, with costs in the Supreme Court on the highest scale as on a claim for £1000, with the same extra allowance for costs of trial as is awarded to the plaintiff by the Supreme Court, and with the costs of this appeal ; and In the event of the performance of the conditions aforesaid, it was further ordered that each party should pay his own costs of tho appeal, and it was further ordered that costs in the Supreme Court should be taxed as on a claim for £1000.

The appeal of Henry Hall, solicitor, against the decision of Mr. Justice Gillies in the case of a claim made by the Official Assignee at Auckland, was allowed with costs in both Courts. Mr. Justice Gillies, it may be explained,-decided that Mr. Hall was not entitled to set-off a sum of £83 19s 3d, being costs received by him as agent for Samuel Jackson, jun., solicitor, who was made a bankrupt after leaving the colony, against a sum of £110 due by the bankrupt to Mr. Hall.