AUCKLAND SUPREME COURT,

New Zealand Herald, Volume XLI, Issue 12737, 14 December 1904, Page 7

AUCKLAND SUPREME COURT,

The civil sittings of the Supreme Court were continued yesterday before Mr. Justice Edwards

BANKRUPTCY BUSINESS.

An application for a discharge in bankruptcy, made on behalf of Henry Thomas Head, was granted, no opposition being offered by the official assignee (Mr. E. Ccraro). A similar application in respect to Robert James Smith was called oh. but there being no appearance of the debtor or Ms counsel the ca«e was adjourned. An. application on, behalf of Samuel Pascoe was postponed till the conclusion of the civil onrmess. A NONSUIT. \f U "j 6 . 030 of Charier, Frederick Griffiths j l .Mahony) v. Chas. Hemv- Greenland, I tr tt bi>eil heard ou the previous dav, I His Honor nonsuited the plaintiff, with costs, and intimated that he would give a written judgment. CLAIM FOR DAMAGES. A young man named Bruna Genihoeffer, ■'■ labourer, of Te Kopuru, claimed from An'WW John Whiteside, ilaxmilier, the sum *d £200 as aamagea in respect of injuries alleged to have been sustained by plaintiff whilst working in defendant's flaxnull at Raupo. Northern Wairoa, on April 7 last. Mr. A T. Field appealed for the plaintiff, ajod. Mr. J. K. Reed for the defendant. Hit) plaintiff istorv was that when lie scutching flax in defendant's mill a detective belt'broke, and a portion of it. of about a foot in length, containing some iron bolt*, struck him on the hand, infiict«ns severe and painful injuries, which inoapAcitated him tor five months. Evidence as to" plans tiff's injuries was given by Dr. W. IE Horton, who said that (.Jernhoeifer had not yet regained the full use of his hand. The defendant, in his evidence, denied that the belt was defective, and sale* that (be accident was caused by plaintiff leaving the scutcher, thus allowing it to get empty -vnd travel too fast, aad going to" the wrong fide of a flax pole. He had sent plaintiff to a doctor, and had made various payments to him from time to time, totafliiic £7 12s. > Dr. Lindsay stated that he had examined the plaintiffs baud, and had found a certain; amount of stiffness in ihe wrist joint. His grasp was firm and quite satisfactory, but plaintiff, on b?ing asked to close his' hand, simulated stiffness.

Dr. Horton. recalled, said lie believed that plaintiff thought his hand was worse than it really was. His Honor reserved judgment. ' SLANDER ACTION WITHDRAWN. On the ease cd Dr. De Clire Lasvo v. F. Crespia, a claim foi £100 for alleged slander, being called. Mi. F. E. Baume, on behalf ot the plaintiff, stated that- if the parties were granted time for consultation is settlement would probably be arrived at. His Honor assented, and after the parties had consulted for some time, Mr. Baume announced that an explanation had beem made by the defendant, relieving the plaintiff and ethers concerned from- all injurious reflections. This had been accepted, and it had been arranged that on the defendant ■paying the- plaintiffs costs the action would be withdrawn. The costs, he added, had since been paid. Mr. J. R. Reed, who appeared for the defendant, said that the facts were as stated by Mr. Baume. ' The case was accordingly struck out.

DIVORCE BUSINESS.

A motion for a decree absolute in the divorce case of Ellen E. Matthews v. Alfred James Matthews, was granted, on the motion of Mr. BaumOj the petitioner being allowed the custody of one of the children of the marriage. The Court then adjourned till half-past tea this morning!