SUPREME COURT JUDGMENTS.

New Zealand Times, Volume LXX, Issue 3825, 22 August 1899, Page 3

SUPREME COURT JUDGMENTS.

The Chief Justice gave two Judgments in the Supreme Court yesterday. ' SPAETHE V. ANDERSON. This was an action, to recover the amount of three several bills of exchange for £B7 3s Gd, £B3 6s 2d and £66 10s 6d respectively. It was admitted that the bills were accepted by the defendant for value received. Two defences were set up (1) payment or part payment to the defendant’s agent; (2) novation, that the plaintiff undertook to look to one Anton Pabst as his debtor and to release the delendant. His Honor held that the defence as to payment was not proved, and also that there was no proof of novation. His Honor gave judgment for the amount of the bills, £237 Os 2d, without interest, with costs according to scale. Mr J. P. Campbell was for the plaintiff and Mr C. P. Skerrett for the defendant. U’MEARA AND ANOTHER v. WELLINGTON CORPORATION. “ In this ease it was alleged that Patrick O’Meara, the husband of one plaintiff and father of the other, Was employed by the defendant in excavating a trench in Willis street into which drain pipes were to be laid, and that whilst so employed Patrick O’Meara met with such injuries that he died. It was also alleged that one George Malcolm, an'employe of the-de-fendant, was in charge of the party of workmen of which the deceased was one. and that the workmen wore bound to conform to his directions. His Honor held that there was no proof of negligence on the part of the defendant. If, however, there was evidence of negligence, on Malcolm’s part that would not entitle the plaintiffs to recover if the deceased was also guilty of negligence. The plaintiffs must be nonsuited, with £6 6s costs of the motion, and costs of action according to scale. Mr T. M. Wilford appeared for the plainCff and Mr T. F. Martin for the .Corporation.