SUPREME COURT.—IN BANCO.

Otago Daily Times, Issue 2004, 2 June 1868, Page 5

SUPREME COURT.—IN BANCO.

His Honor, Mr Justice Chapman, sat in. Banco on Wednesday and Thursday last.

Smith v. Tub Nbw Zbalaxd Inhdkanck Co.—The C'turt was occupied during the wholo of Wednesday, with tho arguments of counsel upon tho rule nisi obtained herein, to enter a nonsuit, a verdict for the defendants, or for a now trial. The action was brought to recover tho sum of LSOO insured upon the schooner Dagmar, against *( absolute total loss only." On the trial of tho case at tho last sittings, the jury found that the vessel had been wholly lost by tho perils insured against, and returned a verdict for the plaintiff, for LSOO. Tho rule nisi was granted in pursuance of leave reserved at trial, upon the grounds— 1. That there was no evidence of an absolute total loss.—2. That thei-o was no evidence of a constructive total loss.—3. That notice of abandonment was given too lato.——4. That oven assuming that there had beon a good abandonment, such abandonment had been vitiated by the sale of tho vessel subsequently a(f«cted by the plaintiff. Tho rule,also asked for a now trial, upon tho ground that tho verdict was against tho weight of evidence. Mr Cook showed cause for tho plaintiff, and cited and commented upon the following cases:— Allen v. Sugrne, 8, B. and C. !>r>l ; Jioiix v. Salvador, 3, Bing. (N. C.) 236 ; Kniyht v. Faith, 15, Q. B. GG3 ; Furnworth v. 'jfyde, 34. L. J. (0. P.) 207 ; Robertson v. Cl/irk, 1, Bing. 445 ; Mount v. Harrison, 4, Bing. 388; Kitujv. Walker, 33, L. J. (Ex.) 107 ; Manning v. Irohte, 1, C. B. 108 ; Cambridge v. Awlerton, 2, B. and C. 091 ; Adams v. Mackenzie, 32, L. J. (C. P.) 92 ; Jiosetto v. Gnrmy, 11, C. B. 185 ; Tiulor's Mercantile Cases, 150 ; Knit's Commentaries, vol. 3, 318-323; 2, Phillips on Invtrance, 1577-78. Mr Macassoy and Mr B. O. Haggitt wore heard, in support of the rule, on Wednesday and Thursday respectively. In addition to tho cases already mentioned, they referred and relied on— Tudor** Mercantile Cases, 143; Smith's Mercantile Law; Maude v. Polinch, 402; Arnold, p. 1007; KnhjU v. Faith, 15, Q. B. G59 ; Tintno v. Edward*, 12, East. 401; 2, Arnold, 1025; Hunt v. Royal Excluinge Assurance Co., 5, M. and S. 47 ; Stewart v. Grccnock, 2, H. L. Caseß, 160 ; Leathbj v. Lindsay, 3, Fos. and Fin. 902, and note referring to Phillpot v. Swan; Mitchell v. Edie, 1, T. R. 608; Jfrmxv. Salvatlor, 3. Binf>, N. C. 280 ; Arnold, p. 1018; Anderson v. RoyalExrJtange Assurance Co., 7, East, 38; Gardner v. Salea/lor, 1, Mood and Rob. 116: Doyle v. Dallas, 1, Mood and Rob. 45 ; Domett v. Young, 1, Carr and Mar. 405; Arnold, 1015 ; Martin v. Crohelt, 14, East, 407 ; Somes v. Sugnit, 4, Carr and Pay. 270; Idle v. Royal Exdiange Assurance Co., 8, Taint, 755 ; Alcoch v. Royal Exchange Assurance Co., 13, Q. B, 29; Reid v. Darley, 10, East, 143; M'Tvorv. Henderson, 4, Manle and Sel. 584 ; ThornUy v. Hibson, 2, B. and Aid. 513; Arnold, p. 1085.

His Honor took time to consider judgmont.

Ru3sell v. Barton. —Mr Smythies obtained a rule nisi, to show cause why the defendant, or Mr H. Howorth, should not pay to the plaintiff's solicitor his costs in this action, and in that of Itussell v. Strode.

BANKRUPTCY.

A. S. Wilson. —Mr Ward applied for an order of discharge. Tho bankrupt's position was attributable to misfortune, and to jnismanaijeinent by a partner.— Mr Cook opposed, on behalf of Messrs French, Kempthorne, and Co. Tho bankrupt had not complied with an order that he should hand over " Tho Sphinx," and should, at tho same time, commitnicato to his assignee the " secret," without which "Tho Sphinx" was valueless.— The hearing was adjourned until tho Bth instant.

John Wbm>on Goodbouy.—The ■bankrupt's application for discharge was opposed by Mr How«rth, on the ground that there had been no Gazette notice of

, tho intention to apply.—There was an j adjournment until the BMi instant. , I William Hooper.—There was no ap-! pearanco in this case. j R. Crawford Laino.—Mr Ward said \ that tho bankrupt had not answered! letters addressed to him.—Tho Judge : 11 shall do nothing in the case. W. F. M'Nkilx..—MrWardanpliedfor diecharge ; and an order was granted. Jambs Mjlu'.r.—Mr M'Keay applied for adjudication of bankruptcy. For; convenience, ho asked that tho meeting ! of creditors should be appointed to bo I held in the C->tirt Houae, at Blacks, No. | 1, before Mr Warden Simpson, R.M.— ! Tho Judge granted adjudication, and ap- I pointed tho meeting to be held at Macks j jon tho 9th inst., tho bankrupt then to { surrender. j Alrxandeic MtniuiK.vi>.—On applica- : tion of Mr M'Keay, the last examination 1 j was postponed until the Bth inst, with a view to inquiry. Eowako Pihlp. —Mr Howorth applied for discharge ; and an order w,-in i granted, subject, to tho filing of tho final 1 statement of accounts, au required by tho Ac^,. Orders of discharge were granted to John Adams and James Knox. Thkouork Rosbxbkko.—Mr Ward applied for adjudication of bankruptcy.—An order was granted ; tha meeting of creditors to be held at the Court Hi rase on tho sth inst. and the bankrupt then to surrender. G. I. Menhir.—This case was called ; but no person appeared. Jamks Übk Russkll.—A declaration of complete execution of a clued was applied for ; but Mr Smylhics opposed it, on several grounds, and there wan an adjournment until the Bih inst. ( John M. Oootj; —A six months'order, under the old Act, had been granted ; and tho time having expired, a final order was now granted. Tho Court was adjourned until tho Bth instant.