SUPREME COURT.

Dominion, Volume 2, Issue 533, 19 June 1909, Page 15

SUPREME COURT.

IN BANCO. A TRANSACTION IN RABBITS. His Qononr Mr. Sim heard ycsler. day -all appeal lodjtd against the decision of iDr.-: M'Artlsur/ S.M.,' in the caw, John Malesi: and' Josepk Ingle, fishmongers, Wellington, v. William HurtenS, fiaiMongiw, Cub* Street; heaid on ; Febmarj'2 last.

'.Plaintiffs alleged ihat, -in October, 1907, . they entered into * rerbal contract witk defondtnt in the nuture of a special yartaerohip, under which they agreed jointly topurohaie a-certain quantity of rabbits, and have thorn prepared for sale: in; the ' local; market.' These rabbits wore discharged from Ibetsteamer Turaluna,'iwhich, sharing 'caught firo, "f?aa compelled: to put back to Wellington. Eich of the partners was to share equally; in the expenses and in the profits. ItvwM ajrroed that each should be debited with 7s. for eveTjr case ,taken by ( him.. The rabbits - purchased and jprepared ■ for Bale at. a total cost of £160 14s. 6d., and -there vwere sold in all 888 cases, representing £135 165.; which left a deficit 0f.£24 18s. Cd. Defendant sold ,160 cases, repreBenting:£s6, but had not. paid tho £56 due, nor'had ho Mid a tliird share of tho deficit. £8 6s. 2d. Plaintiffs had the whole of the costs and expenses, and therefore claimed £64 -6s'." 2d. "from defendant, being thofnnliquidated 'balanoe of tjio partnership account, Judgment had been given for the plaintiffs. , . . Defendant's ■oa'so was that the Magistrate was; wrong in deciding that he. had agreed to; payi'/the; plaintiffs -the moneys' claimed, .or would not dispute the claim, if the price of-. ■ sorfcain'- benzine were deducted or waived .by the .plaintiffs. Tho accounts in regard to rabbits • sold had been Erroneously computed by ;theiMagistrate, and, an accurate adjustment was not maao of the accounts in. respect to the storage and sale of. the rabbits. Mr. Hindmarsh appeared 'for/ the appellant, Hurcomb, and Mr. O. Beero for the respondents;' ' v; . ■ ;His -Honour,; after ' hearing- counsel.: expressed the opinion that the Magistrato had given judgment for too much, and the case might, perhaps, go back to the lower Court. Decision was reserved,-however. • '

A TAITA APPEAL. ( ■ A. miloh cow wandering on the Hntt Road • »t':Taita on December 21 last met a horse attache'd to a machine-rake. In emerging I suddenly from bclund a gorse bush, tho cow I . startled:/tho horse, which backed into, the | fonce >and injured William George August,! • who -was 'leading it.- The, rake was also damaged > tosome extent.An action for £10 damages was 'brought; before : Messrs. Oliapman,. Cndby, Wilkins, and Eliott at tho Lower Hutt Court on March 1 last; and the ■ owner of the oow, Matilda Turner (wife of James ■ Tumor, farmer, of Taita), was ordered;to pay £4 Is. 6d. damages, and £3 Bs. costs.' An appeal; against this decision was. heard by, his Honour Mr; Justice Sim yesterday, Mr. 0. - Beore appearing for the ipjjcllant, and Mr. E. P. Bunny for the rcipondent. . .Appellant contended that tho decision of , lhe'lower. Court was wrong in point of law, ; b that:;it-was held-that . the.'appellant , was liable ;for damages because she allowed 'the cow. to; bo at largo upon the "highway, ■when it 'wm 'not alleged orjroved that the. oow was wild or ( vicious. - On the contrary, ovidonoo had :been given: that it was quiet and tractable. Counsel argued at length, the-points of law, and,his Honour reserved his decision.