TWO LARGE CLAIMS.

Poverty Bay Herald, Volume XIII, Issue 4658, 11 August 1886, Page 2

TWO LARGE CLAIMS.

*. . Wellington, to-day. At the Supreme Court in Banco this afternoon, argument in the case of Ward v. Bank of New Zealand, was taken. The plaintiff, Joseph Ward, of Blenheim, sued the defendant Bank for a sum of £5500 damages on two alternative counts. It appears that one Gibson waß a lessee of the plaintiffs for a term of years of several runs on the Clarence River. In consideration of moneys advanced at various times, Gibson mortgaged his interest in the runs and Bheep thereon to the Bank by a deed, the construction of which ia now in dispute. Ward contends that the mortgage is by way of assignment, and that therefore the Bank being assignees, are liable for all breaches of covenant contained in the original lease. The Bank contends that the deed is by way of tender lease only, and that* therefore they are not liable as assignees. Ward brought his actions for breach of covenants, and for loss of sheep by scab through the negligence of the Bank, to the number of 50,000 ; also that rabbits had been allowed to increase. There is also a general allegation that the Bank have broken all covenants contained in the lease. The question argued waa on tho construction of , the deed. After hearing argument thenHonors (the Chief Justice and Mr Justice Richmond) decided in favor of the Bank, holding that as the claim was brought no cause of action was shown. The plaintiff was mulcted in £31 costs. Mr Travers, for plaintiff, obtained leave to amend hia particulars of claim. The case of the Bank v. Ward for a large sum of money is yet to be taken.