SUPREME COURT.

South Canterbury Times, Issue 4978, 10 April 1889, Page 2

SUPREME COURT.

(By Telegraph.)

GISBOENE, April 9.

At the Supreme Court the case of Allan McDonald v. Bank of Now South Wales was commenced this morning before a special jury of twelve. Mr Brassey appeared for the plaintiff, and Mr J. D. Fisher and Mr Delatour for defendant. The claim of £6O,CDO is made up of £20,000 for taking possession of bis property, £20,030 for getting him rdjudged a lunatic, and £2O,CCD for the failure of the bank to make advances up to £SO,CDO, as agreed upon. Later.

In the case of McDonald v. Bank of New South Wales, the evidence of plaintiff was to the effect that Mr Burke, manager of the bank at Napier, who is now dead, made a verbal agreement that the bank would make an advance of £4D,CDO above the advance on land, that cheques were dishonoured, that the bank gave the writer an agreement to give six months’ notice of foreclosure, but demanded payment at twenty-four hours’ notice, that a mortgage was made on the strength of such agreements, that plaintiff was ill from the effects of a fall from his horse, and that alleged friends, at the instance of the bank, were appointed plaintiff’s guardians in lunacy. The cross-examination showed that witness’s memory was so defective that ho did not remember in what year the £40,000 verbal agreement was made, or whether witnesses were present. He did not remember having received letters from the bank for months prior to the foreclosure, that his account was overdrawn to tho extent of from £22,000 to £24,000, nor promising to reduce it. These letters were put in as evidence. Plaintiff did not distrust the trustees in lunacy. The bank had for a long time previously been dissatisfied with McDonald’s affairs. Mr Delatour deposed that ho had explained to the best of his ability the position of affairs to McDonald, who consented to tho trustees being appointed. INVERCARGILL, April 9.

Duncan Sinclair charged with receiving a coil of rope at the Bluff, knowing it to have been stolen, was acquitod. James Frew was charged with rape on a school girl at Orepuki on the let inst. Counsel set up consent as a defence. Frew is a married man, about 30 years of age. The girl is a little over 1)). The jury were unable to agree, and were locked up for the night.