SUPREME COURT, WELLINGTON. FRIDAY, MARCH 7, 1845.

Wellington Independent, Volume I, Issue 1, 2 April 1845, Page 3

SUPREME COURT, WELLINGTON. FRIDAY, MARCH 7, 1845.

Before H. S. Chapman, Judge.

Samuel and another v. Eagar. Action to recover the amount of two bills of exchange for £ 125 each. There were pleas setting out that the bills had been paid to Mr. John Jones the drawer, and that they came iuto the hands of the plaintiff after they became dae, and without consideration. The defendant made a motion to put off the Uial on the grouud of the absence of a material witness (Mr. Duke), out as it appeared he had gone to Sydney with the intention of proceeding to England, and no satisfactory evidence were given that he would be forthcoming, though it appeared he might visit the Bay of Islands, the application was refused. A verdict was ultimately taken by consent for £125. Mr. Hanson for plaintiff, and Mr. Ross for defendant.

Eagar v. Macfarlane. This was an action }o recover the sura of £190, being for supplies furnished to the schooner Aurora, for other goods sold and delivered, and for money paid. It was contended for the he had ordered Mr. Eagar to lay up schooner, but that contrary to orders he had sent her to sea on her own account. An account, signed by the defendant, was put in, admitting the receipt of goods to the amount of £24, and it was proved that tobacco had been delivered to the amount of £23 95., and that cash had been paid to the amount of £30, for which Mr. M'Farlane's receipt was produced. Captain Stobo proved supplies to the Aurora, amounting to £36 15s. lid. There were other payments, amounting to £8 Is. 4d. Evidence was offered to show that the tobacco was not a sale by plaintiff to defendant, but that it was in exchange for beer. His Honor, however, seemed to think that the evidence was so slight as scarcely to go beyond a suggestion. A witness. Captain Salmon, also stated that the £30 cash, although received by Mr. M'Farlane in his own name, was in fact paid his (Salmon's) account, and was allowed in account. The learned Judge directed the attention of the Jury to the evidence on each of the above items, telling tham if they believed that the voyage to Kafia was undertaken contrary to Mr. M'Farlane's express orders, it must be taken to be on the plaintiff's account, and the goods embraced by Captain Stobo's evidence should not be charged to defendant. He also told them, if they believed that the tobacco was given in exchange for beer, ad the cash was paid on Salmon's account, to give the defendant the benefit of those items, but not otherwise. The Jury found for plaintiff, damages £121 12s, 10d ? Mr. Hanson for plaintiff Mr. D. Wakefield for defendant.

Clat/ton v. Leuyn. Trial postponed on an affidavit of the absence of a material witness. Mr. Ross for plaintiff, and Mr. Hart for defendant.

Ross v. Bowler and others.. Withdrawn. Bnulcott v. Mcech and others. Undefended. Verdict for plaintiff. Mr. Hanson for plaintiff. These closed the Common Jury cases, and we trust we will be able to giva a full report of the very important case, Smith v. Betts # Panton t as well as the other Special Jury cases.