THE COURTS.

New Zealand Mail, Issue 1190, 21 December 1894, Page 30

THE COURTS.

SUPREME COURT.

The case in which Messrs McGregor and Newton sued Mr E. P. Bunny for .£2OO damages for breach of contract was concluded in the Supreme Court last week. The jury found a verdict for the defendant, and His Honor the Chief Justice awarded the defendant two-thirds of the costs. Mr Izard appeared for tho plaintiffs and Mr Skei’rett for tho defendant.

On Friday afternoon, before His Honor the Chief Justice, an application of Mrs Julia Burke for administration with the will annexed of the estate of the late Mr 3 Mulligan, of Boulcott street,to her as a prineipal beneficiary, was made. The application was opjxosed by Mr Mulligan, on behalf of . himself and the children of the late Mrs Ward —Mrs Mulligan’s daughter. As it was a contested will. His Honor ordered that it be proved in solemn form by action. Mr Skerrett appeared for Mrs Burke, and Mr Devine for Mr Mulligan and the grandchildren. The case of the "Wellington ’Bus Company and Richard Keeno, official liquidator of the Company, v. Frederick Townsend, produce merchant, and Henry Hurrell, coachbuilder, was commenced before Mr Justice Richmond on Friday. Mr Brown appeared for the plaintiffs, and Mr Skerrett for tho defendants. The plaintiffs sought to have the defendants declared trustees of a mortgage given by the Company to Wm. Symonds, which had been purchased by Townsend in order to secure himself, and which had, afterwards been transferred to Hurrell. The plaintiffs also asked the Court to have the sale of the Company’s ; property to Townsend declared void, it being alleged that the date of tho sale had been altered from 2.30 p.m. to noon, without proper notice being given, whereby several intending purphasers were misled ; also, that an account be taken of what is duo to the defendants for principal and interest on the mortgage, and that .£IOO be granted for the illegal seizure of the Company’s property by Hurrell, and detention thereof. After some argument had been taken, the case was adjourned until next morning with a view to settlement. On resuming* it was intimated that tho parties had arrived at a basis of settlement. In accordance with the terms arrived at His Honor dismissed the suit, each side to pay its own costs, the understanding being that a decree be passed for foreclosure of the mortgage as soon as the second nibvt-; gagee is joined as a defendant. An order for joining him was then made. His Honor the Chief “Justice was engaged on Friday in hearing an action brought by Sir Norman Campbell and others against James Sclanders and Co. for the recovery of .£250, money advanced by trustees for investment. Mr H. D. Bell appeared for the plaintiffs, and Mr Fell (Nelson) for the defendants. The statement of claim set out that tho plaintiffs are .with the defendant trustees of the marriage settlement of Mrs P. Dillon. In June, 1890, a security for .£250 was offered to the trust by Mr Mellish, a solicitor at Palmerston. Mr Monro, cne of the plaintiffs, wrote to Mr Sclanders advising the security to be sufficient, and requesting that the acceptance be wired to Ivlr Mellish, which was done. Shortly afterwards Mr Mellish wrote the defendant informing him that the proposed mortgage had been duly executed and drew op him for .£250. Six months afterwards it was found that the security had not been executed, and that Mr Melliph had misapplied the money. ; Shortly after the discovery Mr Mellish died suddenly. This action was then brought by the plaintiffs against Mr Sclanders and Sclanders and Co., alleging that the fund had been lost by the' defendant’s negligence in paying tlie money to the solicitor under the circumstances. Tlie facts were not in dispute. Mr James Sclanders, one of tho defendants, is also one of the trustees, and ho claimed that should it be decided that he is liable on the grounds of careless investment, then Mr J. C. Monro is also liable. Judgment was reserved. One first-offending drunkai'd was fined 6s at the Magistrate’s Court on Saturday by Mr Martin, S.M., and Charles M. Peterson, a second offender, was fined 10s, with the alternative of 48 hours’ imprisonment. Elizabeth Begarie, charged with vagrancy, was remanded till to-day to see if she can be admitted into a home. Joseph Williams was sentenced to 10 days’ hard labour for an unprovoked assault on William Clements. Elizabeth Scott, charged with vagrancy, whose case had been remanded to allow her to leave Wellington, was sentenced to three months’ hard labour.

Mr Justice Richmond gave judgment on Monday in tho case of Clouston and Co: v. Ward, an action by the holder of a bill of sale over furniture in the Masonic Hotel, Blenheim, against the owner (subject to a mortgage) of the freehold of the hotel, claiming damages for a wrongful distress for rent. The bill of sale was one granted by the tenant (Mrs Johanna Tait). His Honor held that as tho legal estate in the chattels was vested in the plaintiff he was entitled as bailee to recover their full valxie, which His Honor put down at .£3OO. Costs of ono extra day of trial (.£ls 15s) were allowed. Subsequently Mi* Chapman applied for stay of execution pending appeal. Mr Edwards opposed the application. Stay of execution was allowed for 14 days upon giving notice of appeal and security.