SUPREME COURT.

Star (Christchurch), Issue 16903, 30 November 1922, Page 8

SUPREME COURT.

CIVIL SITTINGS. TO-DAY’S PROCEEDINGS. The civil sittings or the Supreme Court were continued to-day before his I ferror Mr Justice Adams. A SHARE I'R axs action. Norman Smith Anderson, Christ church. accountant sued Charier James Jones, manager' ol Buick .Sales, huh, for £.lO-5. interest, from June -SO, 1921. to December 33 1321., at 7 percent. on £3OOO. balance of purchase ■ money alleged to lie owing bv det'en | dant on the purchase of 2000 shares in I’aekcr and Jones, for the sum of £lOl3O. Defendant, who is I chairman of ilirrcLors of Barker an! ■JoriC'. denied that ho purchased tlie Shares for £IOOO. and in a counter, claim alleged that he purchased them 1 lor £3OOO. £IOOO in cash and £2OOO I to remain at , per cent for three | years. He had paid £IOOO in ca b. ] and was ready to pay 7 per cent ; interest cm the balance. He asked . toi- n declaration that the contract j was in tile terms stated by him. Mr A. 3. Donnelly, u-itl. bun Mr ! . D Sargent, appeared for plaintiff, am, Mr O X. J. Alpers. with him Mr E. 33 . 33 hite, for defendant. Mr Donnelly said that he was prepared to consent to the prayer of the counter-claim. Defendant was entitled to costs on the counter claim, but, on the claim, plaintiff was entitled to costs in respect to allegations that defendant j had abandoned. The claim non sub si anti ally was an action for £7O. Mr Alpers said that plaintiff, when the transaction was made, was accoun • tant- in »defen.daub’e -office, and drew up cheques. fi the sum had been for £io. be only had to prepare a cheque and defendant would have signed. In 3 read. he prepared a cheque for £IOO It was only then that defendant knew that, plaintiff eiaimed that the purchase sum was £4OOO. not £3OOO, and ho cancelled tlie cheque for £lO3. Plaintiff'--wrong act in averring a contract that had no existence led defendant .into an action involving a claim for £IOOO. The mistaken act involved defendant in very expensive litigation, although be succeeded. fT.is Honor gave judgment for plain, tifl lor £<o. with costs nineteen guineas. On the counter claim, lie made a declaration that The c< jitract , from which plaintiff sued was as set | out. in tlie counter-claim, and on that jho allowed costs, forty-five guineas, to 'be paid by plaintiff. disbursement •; and witnesses’ expenses to be settle.i by the Registrar. rjc chambers. His Honor Mr Justice Adams, in Chambers on November 27. granted probate of the wills of the following deceased persons:—Albert Goodman (Mr T. IX Harman), Alai v Sievwright (Mr G. I*. Purnell), Jane Mahler (Mr H. S. J. Goodman). Murk Bcott (Mr H. A. Van Asch), William < Hoppelthwaito (Mr A. S. Taylor). Letters of administration were granted in the estates of Alexander E. ii. D. Macplieison (Mr P. I*. J. Amodeo. and Harriett, Hanbv (Air J. .1). Godfrev). On November 29, probates were j granted as follow .- —Lewis Quayle Kerj mode (Air M. S. Brown), AVilliam Allan (Mr J. H. Lphara), Charles Barnes j ■M r B. \j. Lane). Jolin William ATAI- - pine (Mr O I>. Paseoe), Mary Hannah ; Clery ( Air R. B. AKard). Eugenie Till- ! mar. (Mr T. IX Harman), John Honj derson (Mr H. H. Louglma n), Robert ! Patterson (Mr Al. S. UrotnO. George i M heatley (Mr A. A. AA ilson). Mars | Harvey (Mr H- P. I,awrv), Jane Moyle (Air T. Patterson). Patrick Aloore (Air F. A. Kitching-ham). John S. Nash i 'Air ]• . A. I\ irehi njzii am. Rhoda Afary | Helxfeeca Claridge (Afr Fr. C. Or bed 11. ! I.lvanov Ruthlend ATr A. .Toynt). AA i h liain James Beobv (Mr AV. H. AVaiton). ! David Wills (Air J. A. Mealier). John M’Cona-chio CU r AV. H. AVaiton), James !Do How (Air T>. S. Afurehison). Daniel j O'Connor (Air R. Tvernedyi. Benjamin [ I) ea con Whit ne v (Air A. < * AI iddleto u). j Alauric-e OConnor (Air AV. P. (’ nmp--1*• i 1). Thomas Cuodihy (Mr Campbell). •If hn M"Laugh.lan iAir Campbell). Annie Alaria Hudson (Air Kennedy). On the same day. letters of administration aero granted a* follow: (. f eorge Kdftinctbn (Mr JC. TT. White). James A Athfielcl (Mr A. R. Kirk) Alice Baker (Mr A. A. Wilson), fiorrlon M’Jnnfs (Mr Murchison).