SUPREME COURT.

Sun (Christchurch), Volume I, Issue 252, 27 November 1914, Page 10

SUPREME COURT.

CIVIL SESSIONS.

A LAND- EXCHANGE. In the Supreme Court yesterday, before his Honour Mr Justice Denniston, the hearing was concluded of the case in which C. Jesse Maslin, farmer, of Rolleston, claimed £1653 damages from the National Mortgage and Agency Co. of N.Z., Ltd., and John Fergusson, farmer of Rolleston, in respect to an exchange of properties. The defendant company lodged a counter claim of £1515, money alleged to l>e due by plaintiff in respect to a mortgage. Mr Spratt appeared for the plaintiff, and Mr S. G. Raymond, K.C., with him Mr Neave, for the defendants. At the conclusion of the plaintiff's case, Mr Raymond asked for a non-suit. He submitted th. th. plainufe., having rescinded the, contract, his remedies were equitable and not, on the contract, in damages. The rescission involved and was a repudiation by the plaintiff of readiness and willingness to proceed. Plaintiff had not charged Forgusson with fraud. An action could only be based for damages where there had been a fraudulent assurance of title. The contract was not a completed one.

Mr Spratt said the plaintiff demanded specific performance, and, failing that, he rescinded.

After hearing further argument his Honour said the defendant company was entitled to a non-suit. The plaintiff, having rescinded the contract, was not entitled to obtain his remedy in the way sought. His remedy was an equitable one. As far as the case against the defendant Fergusson was concerned, his Honour said he would leave it open to plaintiff to ask for a remedy, and the matter would be adjourned for future consideration. As against the company the plaintiff would be nonsuited.

=. O.:. t1... Counter claim judgment was entered for the defendant company.

IN BANKRUPTCY,

His Honour Mr. Justice Denniston presided at a sitting of the Supreme Court in bankruptcy this morning. The following discharges were granted:—l). E. B. Murchisbn (Mr Wilding, K.C., and Mr A. T. Donnelly); E. R. Ford (Mr Goodman) ;. F. B. Ramsay (Mr Hoban) ; Michael Carney (Mr to the receipt of a favourable report from the official assignee. SOLICITORS.

In the Supreme Court Mr Johnston moved that the cases of Thomas Maude and Frank Bpwririg Turner—applications for decrees nisi to show why they should not be struck-off the roll of solicitorsbe removed to .the Court of Appeal. His Honour made the order, the cases to be heard at the next session of the Court of Appeal. ■■•>..•

fca&ijstViu tut I'* 1 '* i "■ " x IN CHAMBERS,

' In re Nora Power,, deceased (MiBarrett), amotion was made for letters of administration, and an order of discharge and sureties. Administration was granted and security ordered by bond of £2OO for due administration. In the Permanent Investment and G.oai Association of Ci terbury (Mr F. Cowlishaw) v. Bell and executors, an originating summons or order for to sell was sought, under the Mortgages Extension Act, 1914. The order was made, with the consent of all parties. The following , order of cases for hearing before a judge alone was "arranged:-^ — The King v. A. H. . Turnbull and executors, Monday, November 30, at 10.30 a.m.

A. Humphries v\ George Parsons and another, Tuesday, December 1, W. H. Lake v. Mary Lake, Wednesday, December 2. Iti Divorce: Skevington v. Skevington; Ellis v. Ellis; Thursday, December 3. , , ; A. M. Bremner v.,J. Gourdie (before special jury of four), Monday, December 7, 10.3*0 a.m., to be followed by R. ,T. Moore v. the Moore Patent Mantelpiece Co., Monday. Kennaway and others v. the Lyttelton Borough Council, claim fo~ compensation, Thursday, December 17.