SUPREME COURT.

Stratford Evening Post, Volume XXXIX, Issue 27, 23 May 1914, Page 6

SUPREME COURT.

SESSION CONCLUDED. ; The May session of the Supreme Court was concluded at New Plymouth yesterday, NON-SUIT GRANTED. Hearing was continued of the case in whichS Mills and Sparrow, of London, proceeded against William Sanclison and David J. Bruce for £3102 3s 6d, 'alleged to be due on a guarantee in connection with the Ohura Dairy Co., Ltd. Mr D. Hutclien, with Mr Ronald Quilliam, appeared for the plaintiffs, and Mr E. H. Northcote and Mr G. P. Finlay for the defendants. After the, conclusion of the evidence Mr Hutclien stated that during the course of the case evidence had been brought forward of which the advisers of the plaintiffs had been unaware until they heard it. He 1 had had a conference with the agent of the plaintiffs, and in consequence had to apply for a non-suit. ■’

His Honor agreed to this course, and non-suited the plaintiffs with costs against them on scale, allowing a fee for second counsel. A SOLICITOR’S CASE. John Barron (Mr W. D. Anderson) proceeded against W. G. Malone (Mr A. H. Johnstone) by an action removed from the Magistrate’s Court, Stratford, for £7 12s, alleged to have been received by the defendant as solicitor for the plaintiff, or in tho alternative -£7 Bs, being the balance of ah account alleged to have been lost to the plaintiff by the defendant after allowing for credit due by plaintiff to the defendant, and £5 as datnages for alleged wrongful detention of deeds. Defendant counterclaimed for £74 ds lid. The case arose from the fact that plaintiff had instructed defendant to act for him in the s'ale of a property over which he held a mortgage. Defendant. was instructed to bid , for plaintiff, and it was alleged that his clerk hid at once £1220, whereas it would have been possible to buy in the property for less, and thus save tho plaintiff the amount of auctioneer’s commission which the higher price entailed. In the statement of accounts a sum of £Bl 11s lid was set out which plaintiff claimed he had never had .particulars of, and which he said had b'eep paid to the mortgagor by defendant. The claim for wrongful detention of the deeds' was withdrawn at an early stage. A letter was read from defendant to plaintiff’s solicitors, stating that he would be pleased to nixeefc them with a view to settling the apportionments. After some of the evidence had been taken counsel requested an adjournment to enable them to come to a settlement. At a later stage Mr Anderson stated that a friendly settlement had been arranged, and any implication against Mr Malone was now unreservedly withdrawn. ' IN BANKRUPTCY. Discharge from bankruptcy was granted to Guy O. Reader (Mr F. E. Wilson)”.