SUPREME COURT.

Wanganui Herald, Volume XX, Issue 5882, 19 April 1886, Page 2

SUPREME COURT.

MOtfDAT, APBIL 19, (Before Hid Honor Mr Jaatice.Gilließ), . MIXCHII/L V RICHARDS. . j. , • Mrßarnicoat asked that this case Bhould be mentioned aa hiving been settled,; On; behalf of defendant he asEed that the case should be adjourned sins 3te f that having been one of the -conditions, of agreement ob filed in the CourtAMr Hutchison, for the . plaintiff, concurred in the application! Ad» ■ jburnmeni granted'by consent.. <■' '- GALEyANDBKWAETHA. In this o*se discussion on the qnestion of coats was taken.— Mr Baker Btated that df I fendant had not been put:to. any. extra, opst ■ in bringing in witnesses to defend the conn*: ter claim, as they "were brought to" support the contention that work of the value was not dptte 1 as stated in the Statement of defence, "and therefore tyey were simply brought for a purpose common to both the, defence aha the counter claim, ' He quoted' • Mason-v Brentum, Chancery Division, Law Report; to prove that special costs could not be claimed. Green vSevin, 13 Chancery Division, page 695, was cited to show that tin . > method he had' adopted in stating big defence and counter claim was proper. He contended' thatthoverdiotforthedefendantwasvirtually r I a verdict oh. the counter claim,, *nd thejre*:, fore he asked that Hjb Honor cater upjaostr . accordingly.— Bis Honor asked them to hear . Mr Atkinson on 'this poiftt, and pointed oat that hewoul&have to shoWthat the witnesses could- npt be required if he bad only to meet the defejioß» After hearing Ml' Atkinson, His Honor decided to enter u$ cost* for defendant on .the middle scale, and on the counter olapn f osr defendant without costs. - < ' ..' JSHSBN VPERKINB, • ■•",*' Mr Baker for. plaintiff and Mr Hutchison for defendtot* . »■•**• The following jury was' empannelled— W.. ffi.Batchelar^H.Alexanaer?- T. Bush, H. Prifleaur, A. Sutherland, T. Wiato'ey, W. Blair, A. WoOlford, C. W.Cowper, J. Bowen, R. Brandon, and R. Holden". Mr Bush War ohOßen'as forebaan, • , .. . - ' Before opening, the case Mr Baker asked. His Honor to rule' whether the plea needed amendment to showthat plaintiff acted as Mt agent. He contended that an agent, where *s in this osae. he contracts in hio own name, though acting for other principals^ was the S roper person to 'sue.— His Honor would not ecide the question, at that stage.— Mr Baker ' "then opened' his case, alia stated that in September, 1883, tbi plaintiff for Messrs Biehter, Nanncotad and Co. had in« Btracted defendant' to report on the title of a block of native land whioh the plaintiff was desirous of purchasing; Defendant searched the title, and a report was received from; de« - fendant stating that the title was pejfepHy good. ' Plaintiff, relying on this,'' had entered into contracts, and paid many moneys on acoount of the same. Jt was only, when the' plaintiff had Bold the -land, that the solicitor for the purchaser, in investigating the title found that it had no. value whatever^M there was a reatriotion over the Jand» De« fendant had' been asked whether there waa any restriction on the land h and had replied in the negative. The olaim of the plaintiff stated that defendant was a eolioitor proetta* ing at Palmerston North, and about tho month of September,, 18,83, waa engaged by • plaintiff to investigated the .title of the gal* - ranga Native Reserve, consisting of 683; aores; For fhe losses incurred by the' alleged default on the, part' of. defendant, plaintiff .- asked for £500 damages, also £300. special , damages and legal expenses, £900 ' for loss of profits, and £237 12s < interest on purohase money pojd, to native owners— total $1037 12s, There were two statements- of (JefoUM. filed, one dated 17th April, and the other 12th April ; the latter he alleged showed a ! complete obange oj front in tha defence, and ' plaintiff was entitled to some consideration on this p6ibt.-=-.HiB flo&W «»ld MM if. he could Bhow» material oh»nge, plaintiff would be entitled toon ad jonrnment at defendant?! cost.— Mr Baker asked to have both pteti road to show the jury the difference jn the tales told, but His Honor declined to allow this.— On going through the pleas itwai found that the alterations were dot such aa to prejudice plaintiff, and therefore the base was prooeCded with. The amended plea was read, stating that defendant had given plaintiff notice that the title was defective and hod adviaed him to refrain from purohaa* ing at that time.— On the oonolnsion of Mr Baker's, address Mr Jensen waV palled to ' give evtdenee.^-Mr Jensen's examination in chief w»a only concluded at 2.15, and hit crofls-examination by Mr Hutchison watt proceeding as we went to press.

At the Police Court this morning the fol* lowing drunks were disposed of i— Ward, Greenwood, and Patriok Easter, fined 5s in default % hours, imprisonment j John Burns seven days imprisonment as an old offender, Mr E. N. Lifflton ooenpied the benoh in tho place of Dr Tripe whose continued illness prevents his taken part in publio duties, The following serviaea will beheld in Christ Church during tho present week • Wedneaday^ a.m.; Friday (Good Friday), Ba.m^U a m <f and 7,30 p.m.; Easter Sonday, Holy Communion at Sa.mvand-after service at, ll a»m< Should suffioientf inducement offer a oheap excuraion to Nelson will he run during the Easter Holidays.; The boat will leave at 0 p.m. on Friday, arriving at Nelson on Saturday, leaving there again for Wanganal at 11 Pil m L?\?»K a ?»" T "° fwe (wtan) Is only thirty shillings, . - '

The best medioine known is SANDER & SONS' EUOALY.PH EXTRACT* Teßt its eminent powerful effects in ooughs, colds, influenza, Ac— the relief is instantaneous. Thousands give the most gratifying testimony flis Majesty the King of Italy, and ' medical syndicates all over the globe, are its patrons: Read the official reports that aocompy eaoh bottle. We have no oocaaion to offer reward* in proof of the genuineness of oat references. The official reports of medical clinics and universities, the official . communication of the Consul-General for Italy at Melbourne ; the diploma awarded International Exhibition, Amsterdam— all these are authentic documents, and, as each, not open to doubt, We add here epitome of one of the various cases treated by Siegeu, M.D., Professor, etc. : Burning of the right hand through the explosion of a email oil stove, The epidermis on the volar and palmer Bide of the hand of the thirry-year-old patient was 1 ooxnpletely separated and lifted up as far as the joint of the hand. The likewise lifted nails were hanging loose, »nd half of the' phalanx of the najl of the middle finger was coaled. Tho wounds thus contracted healed in three weeks under daily applications of Eucalypti -Ex traot dressing. The patient has retained the full übo of her handt— Advfe.

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