SUPREME COURT.

Timaru Herald, Volume XCIV, Issue 14361, 6 February 1911, Page 2

SUPREME COURT.

MISHISDITH AND CD. v. HUNT. The civil silting of the Supreme Court, was continued before Uis Honour Mr .JuVdi-o DennisLon in Tiuiavu ; . oi. Saturday when Die rase, Meredith and Co. v. .1. Hunt, scnr., claim 1:150 fur illegal seizure .-"id dcltnumi of a. traction cn«in«, was concluded. The, evidence and counsel.,' a.ldrcs'r:; lia<l pieviniiily l>ren hoard, uud His Honour ciiiu'iiicd up. His Honour explained the nature of tbo claim; pointed out that dcfendsint admitttwl having wrongfully detained the engine, and said there the trespass only nominal damages required to bo assessed—first for ticspass, and second for the wrongful seizure and detention. As regards the trespass only nominal damages should be awarded—anything from Is to 20s. A man could trespass on tho property of another without doing any actual harm but it was nevertheless an offence for which plaintiff was entitled to nominal damages. As to till" question of general damages, the jury should consider what loss tlio plaintiff might reasonably have been expected to sustain through the loss of th* engine, during the 57 days Hint the defendant had kept possession of it. And the best way to. arrive at a fa'r amount, it seemed to i him, would bo by considering wlat it would hare, cost the plaintiff to hire an on giro of doing the work which he bad to do during that pr-riod. and the jury would be justifrd in adding something for the wrongful action commit'ted. A man could .not expect to go «» to tlio prop-rty of anot.liT. wrMiirMly take pcswsaioi; of goods there, and then expect to be able to pay on n n ..ordina ry commercial bus's. Ill's Honour also Toferrcd t'- the strong attack made on the plaintiff by fir-, the d f.-ndnnt who., lie "said. Jmd e-vl.-avoiirpd to make it apnear tint Mr Meredith had tru-i.oed Jin this "kdm for the purpose of setting daa-Mg,-..? to whi"h be was not entitled. Re could s-:e n" iii-t'fication whatever f-r attack th->t had be-n nifi'V< on tb? plaintiff. Tlio inrv retired at 11.30 .Hid at " .70 bad rot nr-rerd »w:i n verdict. Hi* Honour t"ld them that a* tb?y bad been dvlibrnf-mc- thrpo. hrnvrs, be. could now accept a thrw-foiir.t'hs verdict After a further r-tireirfnt of 25 minute the jury rVhirnrd again, v.'bcn t-lie foreman aminmic-rl that t'irr bad nunn : Tnnnslv decided nn-'ii a vrrlift for -MO 4a—XVI for +b»" trerpafs and £?!) -U as ir-.-ueral damnees. Judgment was nceiordmgly entered no for this amount, with cost?. , IM BANKRUPTCY. In re James I»nnc<ly. termer, of Levels, Mr 'Raymond applied for discharge froni bankruptcy and the application was granted. oiLuilsjiit UL'riiXKSS. ■ Originating summons William iLggo .v. jujju lu. .tliggs and fillers. lor <idfjttioa us to icj-noa to 11:0 bencliciaiies miUer tii-u wAi '..; Uie law Joiui JLiiggj. (Perry, i-Vi-iy. -i:a luunurnoy.). order lnaus tiitvauLg which defendants should .be served. In the matter of tire Land Transfer Act and The lfriendiy Societies Act 1908. Notice of motion for an order granting leave to James I'. Kalaugiier ajid others to transfer land to Loyal Victoria Lodge, No. .19, Geraldine. (Tripp and Kolleston). Granted. In ro estate of late John Moffat, application for remuneration to executors. (Perry, Perry and Kinnerney) t Granted. In. the matter of T&o Companies Act and the Waimate Public Hall. The Waimate Public Hall Companybeing in liquidation, the creditors sent in their claims and the Judge passed them. (Mr J.- H. Moore appeared for Mr .Hamilton). Probate of tlio' will of the late Moore Durdop was granted (Mr Walter Shaw). , The business of the session finished at 3.15 p.m.