AN IMPORTANT LAWSUIT.

West Coast Times, Issue 233, 18 June 1866, Page 2 (Supplement)

AN IMPORTANT LAWSUIT.

We observe by the May Nelson papers that same civil oases of importance, wove trltd Ht too Clrovilt Sitting there bofovo

Judge Johnston. One special jury case in particular, from the peculiar features it reveals, with regard to the acts of the Panama Company's agents at Picton, demands our attention. We allude to the action of Strachan v Gordon Ponsonby, tried on the 25th May. It appears that plaintiff is a sheep owner, and defendant master of P.N.Z. and A.lt.M. Company's steamship Claud Hamilton, and that defendant entered into a contract with plaintiff respecting the conveyance of a number of sheep and cattle from Picton to, Hokitika,. and their disposal at that port, and iv respect of delay, deaths in sheep and non-delivery of cattle plaintiff claimed £1607 17s Bd. It was olictted in cross-examination by defendant's counsel that the affair was a partnership one, as between plaintiff and defendant, and that all matters had been finally settled up between the parties in Mr Gaw thorn's office in Nelson previous to the uction. The singular feature of the case, as to the acts of the passenger's agent at Picton, came out in the examination of Captain Ponsonby, the defendant, viz : that Mr Beauchamp, the Picton agent of the Panama Company said to plaintiff and defendant, ' that Strachan was to raise an action against the Company, and that of course he (defendant) wonld be a witness on plaintiff's side aud get his share of the plunder.' A proposition which Captuin Gordon , Ponsonby 'most indignantly scouted. Mr South (who we observe was specially retained in this and other cases), is represented in the Nelson papers as in his address to the jury with considerable force on that part of the case about the Captain's being advised to share the plunder, and in censure of the part it had been shewn Mr Beuuchamp had taken, in proposing an action against the Company, and urging a fellow servant to take part in it. The case lasted till nearly ten o'clock at night, and resulted in a finding by the jury that it was a partnership transaction between plaintiff and defendant ; and in effect a verdict against the Company with leave fc for defendant's counsel to move to set the same aside on grounds reberved. On a subsequent day Mr South moved in Banco, to set aside and enter the verdict generally for the defendant with leave reerved to state a^case for the Court of Appeal, and cited numerous cases. After hearing lengthened arguments on each side. His Honor said that plaintiff's counsel, (Mr Adams) admitted the owners were the proper persons to be sued, and a contract with the owners must be proved. The case was a most important one, and he should reserve his decision till a future time.