SUPREME COURT.

Poverty Bay Herald, Volume XLVI, Issue 15090, 12 December 1919, Page 5

SUPREME COURT.

The Supreme Court resumed this ? morning, at 9.40 o'clock before his Honor Judge Chapman, bankruptcy matters " being dealt with. J. H. Jones, land ageait (Mr. G. . Bradley Smith), Ava s granted litis tlist charge, conditional on meeiiilg tbe balt ance of the claitt for wages mentioned m r the report of the official assignee. m the estate of Percy Joseph Greaves, Mv Burnard appeared on behalf of applicant. His Honor said it seemed to be a case of misfortune. A discharge was granted. ' AN APPEAL An appeal was dealt with m banco m connection with the decision of Mr. J. S. Barton, 5.M.., at Point Awa-reui' m the case Ben McCutcheon v. Wi Pahau and Mark Borlace concerning a claim for £91 17s.— Mr. Burnard appeared on behalf of the petitioner - and Mr. Dunlop lon behalf of the respondent Borlace. Ml*. Bumard said the claim was for carting an d for the purpose of deciding whether the carting was contained m a contract between the parties for the ei*ection of a house. The oarter had not proved which of the parties was lable lor the carting, although there was no question that the carting, had been done The. Magistrate's decision m the case gave judgment m- favor -of the defendants Borlace and non-suited plaijn.tff against the defendant Wi Pahau. He conteuded that either one or both of the respondents was liable for the -cartino*. Borlace had stood back and alloAVed the work to be done, and that suggested an implied •.-.contract. Mr Dunlop submitted that on the facts of tho case, a much stronger case liad been made out against Pahau than agahnst Borlace, and that was home out by the Magistrate's judgment m which a non-suit was granted against Pahau and judgment m favor of Borlace He (Mr Dunlop) had come to answer the contention that when the • Magistrate found, that Borlace was not liable he should, by a 'process of elimination. haA'e found against the other defendant