CLAIM FOR COSTS AND INDEMNITY

Colonist, Volume LII, Issue 12772, 20 April 1910, Page 3

CLAIM FOR COSTS AND INDEMNITY-

John Sharp, junior, of. Nelson, Bharebroker, "claimed from John Langley Adams,. of Stoke, farmer, the. sum of £63 4s 3d, which sum the plaintiff alleged .defendant was bound to indemnify him in fespect'of, the Supreme Court action," Baiting v. Sharp, decided last year, and in which plaintiff received judgment for £7 10s and costs In the Supreme Court action Adams was joined as a third party to indemnify defendant (Sharp) against' his liability to pay damages to Baiting for tho non-performance of contract to sell certain Big River shares. Under the Supreme' Court judgment Adams' liability was fixed at £7 10s. The present claim is an action for damages to rc-imburse: Sharp for all costs to which he had been put to both as between party and party and as between solicitor and client in connection with the Supreme Court, action. Mr C. R. Foil appeared for the plaintiff and Mr A. T. Maginnity for the defendant.

The Magistrate called plaintiff for some further formal evidence, and the evidence taken in the former case in the Magistrate's Court, when plaintiff was npn-suited, was, by consent, taken as evidence in this case. ,

Mr Maginnity contended that on the fact 9no .agency had been proved and there being a variance between the bought and sold notes there was not a sufficient contract in writing to satisfy the Statute of Frauds in respect of the clhim for costs incurred by the plaintiff in defending the Supreme Court proceedings. Mr Maginnity contended that there could not under any circumstances be a charge on the defendant, and cited numerous authorities, which he submitted showed that whatever the opinion the Court might be as to the damages the claim for costs, could not succeed.

Mr Fell for plaintiff contended that on the facts the plaintiff was entitled to succeed and that the difference between the bought and sold notes did not now affect the defendant's liability. As to his. client's right to bo indemnified to the extent of the costs incurred by him he submitted that he was entitled to full costs.

Mr Evans, S.M., said the case was one of great importance, and by no moansfree from difficulty. He would take time to consider his Judgment.