SUPREME COURT.— Civil Sittings.

Auckland Star, Volume II, Issue 541, 4 October 1871, Page 2

SUPREME COURT. — Civil Sittings.

WEDNESDAY, OCTOBER 4.

[Before His Honor Sir G. A. Arney, Knight,

Chief Justice, and a Special Jury.]

firs Honor took his seat on tho bench at ten o'clock.

Nees v. Corcoran. —This wis an action to obtain a decree for specific performance of an agreement. The parties to the action were Stpinich Gotlieb, Charles Nees, C.E.. Mr. Michael Corcoran,- bo'ttd-keeper, Auckland, and Mr. Richard Seccombe. The declaration set out that on the 4th of March the plaintiff entered into an agreement to purchase from Mr. Seccombe the mills known as the Tuirua Saw Mills, for £6000, to be paid for with the joint promissory notes of the present plaintiff and defendant. The defendant, being at the time when the first proposals were made, a bankrupt, it was arranged that the conveyance should bo given to Corcoran, and that a debt of £200, due from Sec-combe to Nees, should be cancelled. It was also alleged that a mortgage was to be given to Seccombe over the mill arid mill property until the £6000 should be paid off. Jt was further set out that Corcoran, without consent of the plaintiff, and without regard to plaintiff's interest, resold the mill to Seccombe. The plaintiff, therefore, brought his action to obtain a verdict of a jury upon the facts alleged, and prayed the Court to decree a specific performance of the partnership agreement.—Mr. MacCormick, instructed by Mr. Mackechie, appeared for, the plaintiff; Mr. Ilesketh, instructed by Mr. Brookfield, appeared/or the defendant; Mr. Eees, instructed by Mr. Buddie, appeared for Mr. Seccombe. — The plaintiff was called, and deposed to the above facts. He detailed a series of conversations between himself, Mr. John Seccombe, and Mr. Corcoran. After the first proposal, Mr. John Seccombe said he would give £1000 if Nees and Corcorai wished to be off the bargain. Each was to have, half. But on the following morning (251b of February, 1871,) Mr. John ieccombe came to witness and begged him to accompany him to Mr. Corcoran and get tho cheque back. After some negotiations the cheque was given up, and " John Seccombe gave them some champagne." The plaintiff objtaitied his discharge from the Bankruptcy Court on tlje 2nd of March* An attempt was •made to deny the agency of Mr. John Secicoinbe,.in, offering and, drawing a cheque for „100CT to be off the bargain. The "oil gentleman" said the young one was a fool. (Laughter.) When tho plaintiff received his discharge he went and told Corcoran, who read over with him the proposals of agreement, and both went to Mr. Brookfield (Mr. Corcoran's solicitor). A clause in the agreement covenanted to give the plaintiff £4 a week for the miina*»ement of the mill as well as half the profits. Mr. BrookuMd, having read the paper, said, .-"You're a fool; CorCOr. ran (laughter), for the effect of this is that Nees will have the. mill and tho £4 a week too." Corcoran then said, that, "Never a 1-iob should come out of his pocket (loud laughter)Y;. it. must come out of the mill." fjfjaughter.) The conveyance was made to Corcoran, and plaintiff's name never was ■to be inserted in the deed of partnership which was to be drawn up subsequently,;' The trial was proceeding when our reporter left the Court at three o'clock.