SUPREME COURT.

Star (Christchurch), Issue 4771, 11 October 1893, Page 3

SUPREME COURT.

Civil Sittings. THIS DAY. Before his Honor Mr Justice Denniston.) NEW BRIGHTON TBAHWAY COMPANY V. KNIGHT. ' Mr T. S. Weaton, with him Mr H. W. Weaton, for the plaintiff Company, and Mr Caygill for the defendant. Mr Caygill applied for an adjournment on the ground that it was impoßsible for hiß side to go to trial now. - His Honor said Mr Caygill surely meant, that he conld not defend his case successfully. If the plaintiff commenced the case the defendant would have to go en. \ Mr Caygill raad a letter whioh, he had ' sent to Mr Weston with reference to a transfer of shares in the Company from Mrs Knight. The transfer, Mr CaygiH Baid, had been in the hands of the Company since July, but the Directors had made it inconvenient to complete the transfer, which was necessary to be made before the defence conld be gone on with, as Mrs Knight depended thereon for f trade to carry on the case. << His Honor said the adjournment could only be granted if Mr Caygill could show any improper action on the part of the Company, otherwise the absence of money on the part of the defendant was not to lie taken as a reason for adjourning the ease. The object of the Company in refusing to transfer the shares was veiy Evidently for the purpose of keeping a liei. as security for any possible costs. The CdiTjpany'said in effect that the transfer was not for the purpose of raising money to defend the case, but was for the purpose of depriving it (the Company) of any chance of recovering whatever costs might Vbe incurred. This was the attitude of the Company,... rightly or wrongly, but he (hiß Honor) did not see why he should be asked totry this as a preliminary. It was absurd l 'to aak him to do so. He only, had before him the ; p\ fact that the tramway' people had refused, to pass the fully paid-up shareß— f or why, an infant could see— but the effect of which was not for him to look into now. Mr Caygill submitted that the Company had no right to refuse to transfer the shares. His Honor said then the patty had a legal remedy if that was so. He saw no. ground for the application whatever. It had always seemed to him, however, that this was a case that should not be let fall through a matter of* technical law. Was there no way of having a more convenient trial? Mr T. S. Weston suggested that the case should he argued before his Honor afyne without a jury, and upon its merits simply. His Honor said that would minimise the inconvenience of the matter, and if Mr Caygill would agree to . the suggestion it would be a very fair test of the bona fides of the case. Mr Caygill (after consultation with his client) said he was quite willing to have it tried without a Jury. His Honor said that would be the beßt thing that could be done, and the bare questions of law could be argued. The defendant would probably have to pay the coßts of this motion, but he would reserve the question until he had looked into the legality of the aotion of the Company. Mr T. S. Weßton said he quite fell in with his Honor's suggestion. His Honor said he did not wish to have the defendant posing as a martyr. She was not entitled to this adjournment in law, but this course had been suggested for the purpose of minimising the inconvenience, and with the consent of counsel for the plaintiff Company he would reserve the 'question of costs, which waa a concession to the defendant, because if he decided on them now they could only go one way. By holding them over he gave the defendant a chance to establish reasons, if she could, for not bei^g ordered to pay them all. fMAY V. MAY. Mr White for appellant, and Mr Kippenberger for respondent. This was a case on appeal for the Resident Magistrate's Court at Timaru between William May, of Kingstown (appellant), and Caroline May, of Timaru, fancy goods dealer (respondent). In the case before the Magistrate, judgment had been given for the respondent in JBI9 10s, being alimony claimed under an agreement. After argument, his Honor dismissed the appeal. The Court then rose.

[Per Pbess Association.! WELLINGTON, Oct. 11. The Supreme Court to-day is occupied hearing an appeal from a recent decision of the Registrar of Patents. The Registrar, after a prolonged hearing, had allowed the application of Meßßrs Chapman and Blyth, of Wanpanui, for letters patent for an improved seed-dressing apparatus, which was opposed by Mr C. L. Wheeler, of Christchurch. The case is likely to last all day.

Coqill Beos.— The combination known > as Cogill Bros.' New Hinßtrels will open a. 1 season in Cbriatchurch at the Theatre , Eoyal to-morrow evening. The entertain-, ! ment is said to be of a varied nature, and > to include some sparkling novelties. The > Company haß beea very popular through* . out the northern part o£ the Colony and : -wherever it haß travelled, and played to ' very large houses in Auckland and j Wellington.