THE COURTS.

New Zealand Mail, Issue 1263, 14 May 1896, Page 18

THE COURTS.

Argument in the case of the Southland Frozen Meat Company v. Nelson Brothers, Limited, was concluded vreek in the Court of Appeal. Tho Court reserved judgment.

In the Court of Appeal on Thursday, before tho Chief Justice and Justices Denniston and Williams, argument was commenced in the case of P. Parker v. Judges Edgcr and Mair, of the Native Land Court, Wi Pore, Henu Erueti, Ilapi Kiniha and William Henry Tucker, an appeal from tho decision of Mr Justice Conolly, who had refused a writ of mandamus for a re-hearing of a eliMni in regard to certain lands in the I'ovortyßay district. Mr Chapman, with him Mr Do Lautour, appeared for the appellant, and Sir Robert Stout for tho respondent Tucker. Judgment was reserved.

On Friday the case of J. Lowman v. E. Foley, an appeal from the decision of Sir Patrick Buckley, was heard. At the last sitting of the Supreme Court at Napier Judge Buckley awarded respondent £SO as damages for the inn-performance of an agreement by the appellant to purchase land. Tho question before the Court was whether by the terms of the agreement tho respondent was entitled to any damages beyond the amount forfeited. Mr Carlilc appeared for the appellant:, and Mr Skcrrott for tho respondent. The Court reserved judgment. The Chief Justice and Justices Conolly and Denniston sat in tho Court of Appeal on Monday morning, when the case of John Mill (appellant) against Kobert Huttou (respondent) was taken. This was an appeal from a decision of Mr Justice Williams, dismissing a motion for a judgment of nonsuit or a new trial. The respondent, a labourer, residing at Port Chalmers, was injured whilst coal w.-.s being unloaded from the s.s. Wareatea into the appellant's hulk, in July last, and tho allegation was that the accident was caused by the negligence of the appellant. In an action brought by the respondent before Mr Justice Williams and a jury he was awarded .£'2oo damages. A motion for a nonsuit or a new trial was afterwards made and dismissed. Mr Sim appeared for the appellant, and Mr Frascr for tho respondent. Argument had not concluded when the Court rose.

Tho Court of Appeal on Tuesday reserved judgment in tho case of Mill v. llutton.

Tho next case taken was that of Trengrouse and Co. v. the Official Assignee, an appeal from Mr Justice Denniston, heard before the Chief Justice and Justices Williams and Conolly. The Central Dairy Company, Limited, employed Steeds to sell butter on consignment in London, tho arrangement being that the Company were to draw on Steeds through tho National Bank. Steeds was to meet the drafts, sell the butter, and for that be paid 5 per cent, commission. Steeds found ho was unable to meet the drafts, so arranged with Trengrouso and Co. to find tho money, sell the butter and share commission. Steeds returned to New Zealand. Trengrouso and Company met certain drafts and sold the butter, which resulted in a loss; they then claimed a reclamation of tho loss, £3lB Is 7d, from tho Company. Steeds went bankrupt, and the Oflieial Assignee claimed tho money, ,£3lB Is 7d. Tho Company paid the £3lB Is 7d to the Official Assignee as a stake-holder, and Trengrouso sued tho Official Assignee for tho =£3lß Is 7d.

Mr Justice Denniston held that there was no priority of contract between Trengrouso and tho Company, and that Trengrouso could not-suo tho Company, and therefore could not suethe Otlicial Assignee, for tho money. Mr Beswick and Mr Tripp appeared for tho appellants, Mr Stringer for tho respondents. Tho case had not finished when the Court rose.

COURT OF APPEAL