BAY OF ISLANDS SUPREME COURT.

Auckland Times, Volume 2, Issue 92, 15 October 1844, Page 3

BAY OF ISLANDS SUPREME COURT.

CiVil Side. i Saturday, October sth 1844. Spicer v. Weavell.—-Case withdrawn. Turner v. Mair.—This was an undefenr ded case, on a Bill of Exchange lor £2OO. Mr. Coyney, for the Plaintiff, proved his case, and obtained a verdict. Weavell v. Russel—This was an action to recover the sum of £219, for Goods sold and delivered. - Defendant pleaded a set off of £325, On this cause being called, Mr. Meiritnan, for the Plaintiffs, wilhdiew the record, Mr. Coyney, for the Defendant, tlieu appl'ed to the Court for Costs in the Suit. Mr. Merriman objected even to the usual i rderfor Costs of the day, upon the ground that he had been misled bv the Defendant, who had (through Mr. Coyney; on the previous afternoon, consented to reler the matter, aud only at the Opening of the Coutt objected to the leferenee J that the Plaintiff was fully prepaied to go to trial had it not been tor this understanding. He was now wholly unprepared, but ut the sanii' 1 lime was willing to re-enter the cause provided the Defendant would consent to a reference. Mis Honor the .Judge then expressed, in strong terms, his opinion that this was a case more fitted for a reference than lor a Tiial by Jury, and proposed that the Defeudaut should con sent to the case going to Arbitration, on the Plaintiff agreeing to pay the expences of such Arbitration —not exceeding the amount of £lO ; which, after some discussion, was agreed to by Mr. Coyney,—and the matter was accordingly referred to Mr, C. B. Waitford and Mr, A. Gibson, who after a careful examination of the accounts, gave an award in favour of the Plaintiff. Wilson v+ Greuville.—This was an action for Goods sold and delivered. Mr. Coyney for Plaintiff, —Mr. Merriman for Defendant—who confessed a Judgment.