THE COURTS.

New Zealand Times, Volume LII, Issue 9463, 27 November 1891, Page 3

THE COURTS.

SUPREME COURT—CIVIL SITTINGS.

Thursday, November 26. (Before His Honor the Chief Justice.) J. B. HAKOODKT V. ROBERT HARCOURT. Mr Travers appeared for the plaintiff, but the defendant was unrepresented by counsel. The action was brought to compel Robert Harcourt, of London, formerly partner in the firm of Harcourt and Co., to discharge certain mortgages taken over by him on the dissolution of partnership, and in regard to which he had given plaintiff an indemnity. Plaintiff, therefore, desired the issue of an over sharping the assets of the company still In New Zealand with the moneys due on the mortgage.

The plaintiff, J. B. Harcoart, gave evi- , dence as to the terms upon which the partnership between himself, Robert Harcoart, and Charles Danokley was dissolved. One of the terms of the arrangement was that a mortgage of land at Foxtou upon which £2OOO had been advanced;by Sir William Fox and the Hon 0. J. Johnson should be taken over by Robert Harcoart and Charles Dunckley. Prior to this arrangement being entered into, £9OO of the mortgage money bad been paid off at various dates op to April, 1888. The balance due on tbo dissolution of the partnership was then £llOO, and thenceforth the interest on the mortgage was to be paid by Robert Harcoart and Charles Dunokley. Witness had paid no interest since then, but a demand was made upon him by the mortgagees on tbe 26tb April, 1800, and again quite recently. Dunokley passed through Wellington two months ago, and told witness he would not pay, as be bad ■old out bis interest in the business to Robt. Harcoart.

Robt. Orr, clerk in Mr Travers* office, gave evidence as to the preparation of tbe deeds of dissolution of partnership in the firm of Harcoort and Co., and of transfers of property, and as to witnessing the signatures thereto. Charles John Johnston, merchant, of Wellington, deposed that Sir Wm. Fox and himself were mortgagees of certain property at Foxton, of which Harcoart and Co. were the mortgagors ; £9OO of tbe principal bad been paid off, and a balance of £llOO remained owing, besides £134 15s by way of interest on July last. No interest bad been paid since April, 1890, upon which date a written demand was made. At this stage the farther hearing of tbe case was adjourned for a fortnight. (PRESS ASSOCIATION.) Christchurch, November 26. The Supreme Court criminal sessions closed this afternoon. The last case was that of a Chinaman, Jamie Joe, indicted for obtain* log 37 pairs of boots from William Horsley, of Fapanai, by means of false representations. He was found guilty, and sentenced to 12 months* imprisonment. CADBURY'S COCOA. Absolutely Pure— Therefore Best.