SUPREME COURT.

Dominion, Volume 4, Issue 968, 8 November 1910, Page 3

SUPREME COURT.

ALLEGED WRONGFUL ARREST. •A MASTERTON CASE. A case of alleged wrongful imprisonment for debt was before -Mr. Justice Cooper in the Supreme Court yesterday, 'on appeal from a decision of Mr. W. R. Haselden, sitting as District Judge at llasterton, shortly before the abolition of the District Courts. The parties were:— John Valentino Gordon, of Master-ton, chemist (appellant), and Herbert William Buttrey, of Masterton, agent, and formerly keeper of a home for inebriates (respondent). Tho action taken 'by Buttrey in the District Court was to obtain .£2OO damages from Gordon for-alleged wrongful arrest. Gordon had filed a plaint in the Magistrate's Court at Masterton to' recover a debt of £5 os. 7d., balance alleged to be due for goods supplied, and according to Buttrey's statement of claim Gordon had caused the iisue of a warrant of arrest under which he was arrested and imprisoned by the bailiff. Ho claimed on several grounds that this warrant was issued without jurisdiction and was badj and he ajkged that Gordon had

procured the warrant and arrest falsely and maliciously,, and by misrepresentation, inasmuch as he had no ground for believisg that plaintiff was about to leavo Now Zealand with intent to evade payment of the debt. The jury found that the defendant did not really believe that Buttrey was about to leave Now Zealand to evade payment, and that defendant had not received information on which he could reasonably so believe; also that he acted maliciously and from wrongful motives. They assessed the damages at ,£SO, and the District Judge, after hearing argument on nonsuit points, gave judgment for the plaintiff for the damages assessed by the Tho defendant appealed on grounds of Mr. C. P. Skerrett, K.C., with him Mr. G. H. Fell, represented the appellant, and Mr. A. L. Herdman the respondent. Decision was reserved.