THE COURTS.

Press, Volume LIV, Issue 16167, 22 March 1918, Page 4

THE COURTS.

SUPKE3fE COURT. CIVIL SITTINGS. (Before his Honour Mr Justice Herdnian.) The civil sittings of the Supreme Court were resumed yesterday. COMPANY CASE APPEAL. The Nortii Canterbury blieeplarmers' Co-operative .freezing, Jixport, ami Agency Company, Limited (Air 1-. Wilding, Iv.C., witn nim -Mr T. \V. Eowi-J, appealed against the decision oi Air 'J. A. 13. .tfaiicy, S.M., in holding that John Robert Turner was not liaclo for payments in respect ot shares in the compan}- allotted to him. Mr fe. It. Raymond, K.C., with him Mr J. H. Williams, appeared tor respondent. The main lacts were that respondent in 301 -j agreed to take '20 shares in a freezing company, the works of which were to be erected at AN aipara; on April 28th of that year the shares were allotted to him. Towards the end of July of the same year respondent made application for his 20 shares, on a piinted form, but made bis application conditional on the company's works being erected at. Waiparsi, or both at AYaipara and Kaiapoi. I p io July 23th the company intended building its works at AVaipara, but on that date the shareholders decided to build at Kaiapoi, ''and at AYaipara when opportune/-'

Mr Wilding contended that respondent was lirnind by his original application, especially as his shares were allotted to him, and his name was put on the register as the outcome of that application, respondent Having taken no action on receiving notice of such allotment, and of his name being on the register. Counsel stated that it is the company's intention to build at AVaipara, conditions arising out of the war having led to postponement. Mr Raymond contended that respondent's original application was merely a verbal one, and that as the conditions upon which he made his s-econd application had not been fulfilled, the contract between him and the company was not concluded, or completed, and was void. His Honour remarked that the powers given to the directors of the company were remarkably wide—they could erect works at Waipara, Kaiapoi, "or any other part of New Zealand." After hearing argument at some length, his Honour reserved judgment-

MAGISTERIAL. (Before Mr T. A. 13. Bailey, S.M.) DRUNKENNESS. A first offender was fined os, or 21 hours' imprisonment, for drunkenness. Patrick Butler, who appeared on remand, was convicted and ordered to come up for sentence when called on, conditionally on his going to the Ashburton Old Men's Home, REFUSING TO QUIT. Kenneth McLeod was charged with refusing to quit the Southern Cross Hotel, when requested to do so, and with having done damage to the extent of £2 in the hotel. He was lined 10s, and ordered, to. pay £'2 damages, in default, one month's imprisonment on the wilful damage charge, ancl was convicted and discharged on the other. IMPORTUNING. Annie "Wright appeared for sentence on a charge of importuning. She was sentenced to one month's imprisonment. A STREET MELEE. As a result of a disturbance in Manchester street the previous evening, Ein est John 1' owke was charged v having used threatening behaviour, and. Stephen Hill Lancelot Hocking, William John Carroll, William Henry Goodyer, and William Fowke were each charged with obstructing Sergeant O'Grady and Constablo McGuffog in the execution, of their duty, and with inciting Fowke to resist arrest. Mr Wright appeared for Hocking, Carroll, and Goodyer, who had. just returned from the front, and asked that the charges might be reduced to drunkenness, to which, .however, the police could not agree. Each accused was fined £'3, in. default one month's imprisonment, the charges of obstruction being withdrawn.

CIVIL BUSINESS. Iu each of the following cases, judgment for tno amount cmimed, wiui costs, was entered lor the plaintiff, by default: —James Koager and. Co. v. J. I>. Scott, lis t)d; Giierson and Davis v. executors of the will of Thomas Latta, £t)o 10s "d; Alasou, Strutliers and Co., Ltd. v. William R. Clarke, £2 14s 7J; Liquidator of the New Zealand Ham and Produce Company, Ltd. v. H. Davis, £89 ]'Js fd; Herbert Bromley v. Arthur Simpson, £o 8s lid; Cooper and Duncan, Ltd, v. P. Cannon, £6 10s (3d; McPhnil anil Fisher v. F. . Hadley, £2 16s 9d : \Y. J. Carpinter v. j A. Rogatski, £4 '2s Sa. CLAIM FOR COMMISSION. William Allan Hopkins (Mr Fryer) c-laimcd £(58 10s 3d from Clement C. Derrett and pjdith Derrctt (Mr Thomas) the claim being lor commission alleged to be due over a house property transaction. Certain non-suit points were raised by Mr Thomas, and tne case was adjourned to enable the Magistrate to consider the matter. A SHEARER'S CLAIM. James Theodor Jensen (Mr Hunter) a Dane, claimed £'i 0 4s <5d from S. E. Rutherford (Mr Acland). Tlie plaintiff stated that he had been engaged through the Sheepfarmers' Labour Exchange to do shearing -work at defendant's Grassmere station, but on arriving there had discovered that there was no work for him. He therefore claimed for loss of wages and expenses. Judgment was given for plaintiff for £o 14s Gd and costs. A HORSE DEAL. Henry Box (Mr Thomas) claimed £13 10s from Frank Leggett and Selby Lcggett (Sir Johnston). Plaintiff claimed that he had offered to sell a horse to tne defendants, who had agreed to take it on trial, and at the end of the trial period either to purchase the horse for , Vf r to hire it at the rate of 103 Some time after the horse was , with a dislocated shoulder, and unfit for further work. The plaintiff claimed the £11 purchase monev, and =^ n r .^ e s l ,y ery and bait at the rate of We€ ' onr >> n the alternative, £3 -lriH /ln CV | Cn ,vce ks' hire of the horse p'uintiirror&Tc for '