LAW REPORTS

Dominion, Volume 9, Issue 2608, 2 November 1915, Page 9

LAW REPORTS

SUPREME COURT CASE BEFORE A FULL BENCH A Full Bench of the Supreme Court yesterday delivered reserved decision 01V law points arising in a case which was commonced before a Judgo and common jury in August last, and was finally argued before Their Honours tlio Chief Justice (Sir Robert Stout), Mr. Justice EdwardSj and Mr. Justice Cooler. The original action was a claim for damages and an application for an injunction based npon the advertising of what was termed a "sale by mortgage." Particulars of the claim were published at tlio original hearing, when the defendants submitted to the injunotion, but were still required to defend the claim for damages. The plaintiff was Maurice Manthel, electrician, Wellington, and the defendants were Arthur Bolton, settler, Wellington; Walter Arnold Hawkins, Registrar of the Supreme Court, Wellington; and 13. Johnston aJid Co., auctioneers, Wellington. On the second day of the hearing in 'August the jury had been dispensed with, and it was decided that the case should be dealt with before a Full Bench. The subsequent) argument took the form of a. motion by the defendants for a nonsuit. ' . Mr. C. P. Skerrett, K.C., with him Mr. W. L. Rothenberg, appeared for the defendants in support of the motion, which was opposed by tho plaintiff, who was represented by Mr. M. Myers, with him Mr. 0. 0. Mazengarb. The Court hold that the plaintiff had failed in his causes of action, and judgment was entered for the defendants. An order was made for costs 011 the highest scale to be divided between the plaintiff and tho defendant Bolton.