LAW REPORTS

Dominion, Volume 8, Issue 2454, 6 May 1915, Page 9

LAW REPORTS

SUPREME COURT

AN APPEAL DISMISSED

In the Supreme Court yesterday morning His Honour Mr. Justice Edwards heard au appeal against the decision, of Mr. F. O'B. Loughnan, S.M., who on October 31, 1913, liad nonsuited the plaintiff in the Blenheim case of David Boyd v. Dalgety and Co., Ltd. Mr. A. Eogers, of Blenheim, appeared for the appellant (Boyd), while Mr. A. W. Blair appeared for the defendant company.

It appeared that in August, 1909, Boyd commissioned Dalgety and Co. to sell at auction a draught stallion named Champion. The sum of £'10 was hid for the horse, but the purchaser subsequently refused to take delivery on the ground that the horse was not an entire. Boyd then claimed £40 damages from th© auctioneers (Dalgety and Co.), alleging that ihey had negligently delivered the horse without first receiving the purchase money. The Magistrate held that the allegation was not proved and nonsuited Boyd. From this decision Boyd appealed yesterday _on the ground that it was erroneous in law. _ After hearing legal argument. His . Honour dismissed the appeal, with costs seven guineas.

'A RESERVED JUDGMENT. Reserved judgment was delivered by His Honour Mr. Justice Edwards yesterday morning in the Picton case _ of Rangi Matongi v. Tahuarca, an action to restrain the defendant from bringing a section of land under the Land Transfer Act. Evidence was taken several months ago and legal argument was heard in February-last. His Honour's judgment was in favour of the defendant, who was awarded costs on the middle scale, and ten guineas for extra day. Mr. C. B. Morison, K.C., appeared yesterday for the plaintiff, while Mr. & H. Fell appeared for the defendant.

THE CRIMINAL LIST. The criminal sessions of the Supreme Court open in Wellington on Monday nest. The following cases are already eet down for hearing:—John Johnston, alleged assault, causing bodily harm; ,May Wills, alleged theft from dwelling; Thomas Dagnall, alleged indecent assault; James Andrews, alleged theft of mail bag; Henry Morgan Dwyer, alleged indecent assault; Ernest Alfred Welch and James Gibson Briant, alleged attempted theft; Waiter Balch and Arthur George Young, alleged arson; John Dalton, Alexander Robinson, and William Tyler, alleged assault and rob: bery; William Jones, alleged indecent assault.