SUPREME COURT.

Stratford Evening Post, Volume XXXIX, Issue 28, 25 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 which Mills and Sparrow, of London, proceeded against William Sandison and David J. Bruce for £3102 3s Gd, alleged to bo due on a guarantee in connection with the Ohura Daily Co., Ltd. Mi- D. Hutclien, with Mr Ronald Quilliam, appeared for the plaintiffs, and Mi- E. H. Norfchcote and Mr G. P. Finlay for the defendants. After the conclusion of the evidence Mr Hutchen 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 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 the alternative £7 Bs, being the balance of an 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 damages for alleged wrongful detention of deeds. Defendant counterclaimed for £74 3s lid.

The case arose from the fact that plaintiff had instructed defendant, to act for him in the sale of a. property over which he held a mortgage. Defendant was instructed to bid for plaintiff, and it was alleged that his clerk bid at once £1220, whereas it would have been* possible to buy in the property for less, arid thus save the plaintiff the amount of auctioneer's commission which the higher price entailed. In the statement of accounts a sum of £Bl Us Hd was set out which plaintiff claimed he had never had particulars of, and which he said had been 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 The claim for wrongful detention of the deeds was withdrawn at an early stage.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 stating that he would be pleased,, to meet 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 Anderjson , stated that a friendly settlement had been arranged, and any implication against Mr Malone was now un-reservedly-withdrawn. % m BANKRUPTCY. Discharge from bankruptcy was granted to Guy 0. Reader (Mr F. E'. Wilson). ....