SUPREME COURT.

Timaru Herald, Volume XLVIII, Issue 4527, 30 April 1889, Page 2

SUPREME COURT.

+ IS CHAMBEBS. (Before His Honour Mr Justice Dennislon.) Yesterday afternoon tho following business wns transacted m chambers : — Mr J. W. White, solicitor for tho Crown m the case Deputy Commissioner of Stamps t. S. 0. Befrigorating Company— in which dcfondunts were fined £'200 m tho Resident Magistrate's Court — moved for and was granted a writ of rertiorari, to remove defendants' appeal from tiio District Court to the Supreme Court. Mr White also npplied for and was granted letters of administration to Mrs Saxon, widow of the late Matnow Saxon, of Pareora. Mr Aspinall applied for and was granted probate of the will of the late A. M. Hullen, to the executors, J. Talbot and W. Wrigkt. (By Telegraph.) BLENHEIM, Apeu, 20. An interesting and important case — Back of New Zealand v. Thomas Horlon — is now proceeding. The bank claims £9248, advances and overdraft extending over soveral years. Defendant pleaded a general denial, but consented to judgment for the amount and costs iv this case being given against him, on condition of execution being sluyed until the other action, Hortou v. tho Bank, had been heard. This action was then called on, and turned out to be of a singular and interesting diameter. On January Ist, 1837, tho Bunk closed tho general account and a No. 2 account was opened for further advances. On this account Horton deposited the deeds of two pieces of town land, and he says it was agreed distinctly that euch deeds were deposited as a security for advances m No. 2 account only. Xlio bank allege that they ngrced they were to be security for Horton's general indebtedness, on tho old account also, llorton alleges an alteration on the agreement to which he had consented. I/ATKfi. In the case Horton v. Bank of Now Zealand n point of great importance wag raised by Mr Gully to-day.. He argued that the bank had no right by tho terms of the Articles of Association to take security for future indobtodness. The judge reserved consideration of of tho point, which excited much interost m tho Court. In tho caeo Horton v. Bank of Now Zealand counsel on both sides agreed not to address the Court, and it was decided to place the following issues boforo the jury; — 1. — When was agreement signed on front page and ut foot of schedule : J 2.— Was dato m body of agreement fixed as boing May llth, inserled with Horton's consent r 1 3. — Was cancellation date on stamps altered by Horlon oi .'i'.h his consent . ? His Honour Biimmod up, -„Jd the jury after fifteen minutes gave Uio following verdict :— l.— Both signed April llth. 2.— Horton having left v blank space consented to date, May lllh, being inserted. In tho third count the jury asked loavo to omit a ilcrieiou on tho' point, which tho Judge allowed. There ure ttill spvoral law points to be discussed, and application will lie mado to-morrow to decide when and whore they will bo taken.