SUPREME COURT.—Civil Sittings.

Auckland Star, Volume II, Issue 535, 27 September 1871, Page 2

SUPREME COURT.—Civil Sittings.

WEDNESDAY, SEPTEAfBER 27. [Before Ifis Honor Sir Q-. A. Arney, Knight, Chief Justice, mid a Common Jury."] Tick civil business of tho Court was resumed this morning, Ejjuuuson v. McCokmick.—Tho hearing of this ca»D was resumed. Tho parties are both miners employed at tho Thames. The facts were reported in the Star of last evening at considerable length. This morning llis Honor summed up the evidence with great minuteness, and at considerable length. Tho jury retired to consider their verdict at half-paat twelve o'clock. After an hour and-a-quarter's deliberation they returned into Court, finding for the plaintiff on the issues relating to the contract, for tho defendant upon the issues of fraudulent misrepresentation, and gave damages Is. This, was a verdict for the defendant* CaULKSON V. COKCOHAN.— NoiiTU DEVON Gouj Mining Company.—Mr. MacCormick and Mr. Hesketh appeared for the plaintiff; Mr. liecs for the defendant.—The facts of this cuse were simple, although in consequence of a change in the designation of tho company tho facts uppeureJ somewhat involved. The declaration set out that on the Ist of Juno, 1370, the plaintiff wus entitled to 250 shares in the North Devon Gold Mining Company (Registored), and remained so entitled until the wiuding-up of that company. The plain* tilF, iinding it necessary to leave Auckland, appointed the defendant his ogent, who was to pay for plaintiff all calls, &o. Iv October following the property was seized and sold under legal process, for debt. The purchasers determined :lo form a new company under the Joint Stock Company's Act, and with the style, &c, of the " North Dovon Q-old Mining Company (Limited). The new company resolved to give the shareholders of the old company us many shares as each held respectively, upon each paving up the calls and a shilling per share. The declaration proceeded to state that tho defendant (being agent for the plaintiff) paid £12 10s.r, the amount of calls due on the plaintiff's shares, to which he became entitled; and further, that the defendant had the shares in the now company transferred to him, thus taking, as alleged, a fraudulent advantage of his privileges, as an agent, to the wrong and injury of the plaintiff. There were sixteen issues, submitted to the jury.—The plaintiff prayed that the Court might decroe that the shares hold by Corcoran in the North Devon Company " Limited " should be declared to be held as trustee for the plaintiff. .:.':. The ■■ case .had . not: concluded when our reporter left.