JURY TRIAL.—CHARGES ON WOOL SHIPMENT.

Colonist, Volume VI, Issue 604, 14 August 1863, Page 6

JURY TRIAL. —CHARGES ON WOOL SHIPMENT.

James Sinclair t. David Monro. —The Spectator reports the following case:— " The plaintiff in this case was a merchant at Blenheim, and the defendant the owner of a sheep station at Wairau. The cause of action arose from certain charges in respect of the shipment of certain wool, belonging to defendant, from the Wairau to Wellington for the purpose of shipment to England A portion of the charges were paid, but the defendant refused to pay the whole, alleging that the plaintiff had been neglectful in shipping in time for a vessel loading at Port Nicholson, whereby certain other expenses had been incurred in respect of storage, &c. The plaintiff after a great deal of delay brought an action for the balance and interest in the District Court at Marlborough, and it was mutually agreed, as there were several difficult points to be decided, that the hearing of the cause should be removed to Wellington. The defendant paid the balance of the amount claimed into court, and the plaintiff now sued for interest. The following were the issues to be settled, viz:—

1. Was there any agreement between the plaintiff and the defendant that the defendant should pay interest upon any, and what of the charges mentioned in the pleadings ?

2. If so, what sum is due in respect of such interest ? Messrs. Johnston and Pharazyn were examined, and proved that the usual course in a mercantile point of view, had been pursued by the plaintiff. The jury, after a brief deliberation, returned a verdict for the plaintiff for £25.