SUPREME COURT.

Star (Christchurch), Issue 4898, 14 January 1884, Page 3

SUPREME COURT.

crVTL SITTINGS. ' This Day. (Ufefore His Honor Mr Justice Johnston.) His Honor took his seat at 11 a.m. •WEWJNQTON CORPORATION V. M'NAUOUT. SAKE V. BOBEBTS. Mr Harper informed the Court that these two oases had been Bettled, and judgment lad beon entered by consent for defondant in each case. f BANK OF WaW ZEALAND V. DBANBFIELD. Mr Joynt, for defendant, asked that thiß rfwao migM X>e poßtponed till "Wednesday,

&s Mr Dransfleld was not in town, and there wob a probability of a settlement. Mr Fisher, on the other side, consented. His Honor said he would see what could be done. cother's trustees v. marks. Messrs Holmes and Fisher, for the re; spective parties, consented to an adjournment of this case till March. • . BABBETT V. HART. Messrß Harper and Joynt informed the Court that this case had been settled. ELL V. HARPER AND ANOTHER. Mr Holmes informed the Court that the defendants had consented to judgment. He would move formally for judgment. bramley v. wilbon and another. This case was postponed till March. CAMPBELL AND CO. V. NEW ZEALAND LOAN AND MERCANTILE AQENOY CO. Mr Harper said this had been settled out of Court. ' NATHAN V. COOKSON. Mr Austin applied for an adjournment till March. Mr J. C. Margin on the other side consented. The case was adjourned accordingly. DUNCAN AND ANOTHER V. BOOTH AND OTHERS. Mr Harper, for plaintiffß, applied for a postponement till the next sittings of the Court, as the case was not ripe for action. Mr Fisher, on the other side, opposed the postponement. Mr Harper explained that a summons, not yet returnable, had been issued for the expunging of irrelevant matter from the defence. Mr Fisher contended that there was nothing in the summons to stay the proceedings. • All defendants' witnesses were present, and the Court had power to amend the pleadings at any time. His Honor could not see how plaintiff was to be damnified. Mr Harper submitted that the proceedings had been hung up, and he had been unable to apply for a special jury. Mr Fisher would consent to a special jury, oh payment of costs of the day by the other side. His Honor vjould postpone the trial till after the summons had been disposed of, the costs of the day to be determined by the result of the application for the summons. Mr Fisher Bubmitted that thia would be a concession to the plaintiffs. His Honor would poatpdne the trial upon terms, but niußt decline otherwise, inasmuch as the summons did not show any cause why the trial should be postponed. Mr Harper asked his Honor to fix the terms. The plaintiffs would have a right to a postponement till next sittings, and might insist upon their right. , After some little further discussion, the case was postponed till immediately after the hearing of the Bummons. His Honor.fixedthe costs at ten guineas, and expenses of witnesses ; and Bettled the trial to take place on Wednesday, Jan. 23, before a special jury (plaintiffs). BANK OF NEW ZEALAND V. DRANSFIELD. Learned counsel .consented to this case being taken to-morrow before the Judge alone. GARRICK AND ANOTHER V. QUINN AND ANOTHER. Mr Holmgs asked that this might be token to-morrow. Mr Fisher had no objection. His Honor would postpone it till tomorrow with the understanding that if the previous cases were disposed of sooner learned counsel would appear. His Honor here dismissed the jurymen, as there were no cases for them to try. TOLE AND OTHERS V. ORIOG AND OTHERS. Mr Harper for plaintiffs ; Mr Joynt for defendants. . This was an action to recover .£292, the value of. 3000 sleepers delivered to defendants. The defence was that the contract was for 6774, and the non-delivery of 3000 damaged the value of those delivered. The defendants had a counter claim for £475 on ' account of loss sustained in penalties, &c, incurred by. defendants through nonfulfilment of tlieir contract to construct the Oxford and Malvern railway. The witnesses were ordered out of Court on the application of Mr Harper. Mr Joynt colled the following witnesses .- — George Gill: He and his partner Nicholas forigg were contractors for the platelaying on the Oxford and Malvern Railway. The tender was accepted oii March 29. Had spoken to Mr Pole, in February, about sleepers. Mr Grigg was present, Pole and Co. were saw-millers, and offered to Bupply the sleepers. About a week before sending in tenders, witness again saw Pole and got a quotation of price of sleepers from him. .Told him the line waa three miles and nine chains, and the sleepers | were to be black birch, Bin by sin by 7ft. Pole said he thought he could do it for 2s Gd, but mußt see his partner. Told him the work was to be finished in four monthß, under a penalty of .£2O a week. Allowed 2050 to the mile. Pole said he could supply double the quantity in the time. Witness told him they would have to pass the Government Inspector. Just before defendants put in their tender they saw Pole, who said his partner had agreed to 2s 6d a sleeper. The contract price in the 'tender to Government was 2s 9d. On April 10 told Pole the contract was accepted. Pole promised to send about 2000 sleepers he had at the railway at Sheffield, but did not send any till June 6, when about 900 were delivered. Gave him .£l5O on account of these, as defendants were under the impression that 2000 had been delivered. Defendants sublet the platelaying to Griffiths and Woods, who ran out of sleepers when they had done a mile and three chains. Defendants were, to Bupply Griffiths and Woods, and depended upon plaintiffa forthe sleepers. Plaintiffs delivered 50 or 100 some weeks, und some weeks none at all. • Griffiths and Woods contracted for 7Jd per yard. After three weeks Woods came back, and said he could not go on as there were no sleepers. Defendants had to finish the platelaying at a cost of Is a yard, as also the " boxing up " on the part that Griffiths and Woods bad laid. This cost 6d a yard. Had to get 2000 sleepers from the Government delivered at Addington^t 3s ld, and they cost 5d carriage- They were black pine, which is superior to birch. Got. 200 from Messrs Booth at 2s lld delivered, and 317 from Fairy Bros, at 2a 9d delivered. The 1033 of time amounted to .£lO a weekClaimed for 13 weeka. In September Pole said he would deliver no more as Mr Dunn was rejecting half of them. . He said Mr Dunn knew nothing about timber. The firat arrangement was that Pole was not to be paid for a month after the whole lot was delivered. The witness was cross-examined at some length on the various details of the transaction. [Left sitting.^