SUPREME COURT.

Evening Star, Volume IX, Issue 2659, 25 August 1871, Page 2

SUPREME COURT.

IN BANCO. t THiOTA|h, -'W' /? (Before Mr J ustice|3haphfiftn.)- V CALCUTT V. I ANfi,’OXTERS. W, The argument in this to' day. His Honor reserved” ' Russell v. the Bank of Australasia was an argument,of demurrer. Mr Macassey, with'whom was MrTurtou, for the plaintiff; Mr Smith f- r the defendants. The declaration set out that the.plaiutiffs, Messrs George Gray Russell and CdT, becoaie entitled, umlei award by Messrs H, Driver and G. M'Lean, arbitrators appointed by the pities, to investigate -eersain disputes in connection with sheep and wool transactions relative to the Conical- Hills Station, lately belonging to R. Stuart, and Go., to the sum of L4OO (a alleged, an indebtedness of six guineas, Arbitrator’s fee) in respect of those transactions ; that,the defendants had.refused %q pay tht amount 'of the said 'award, wherefore the plaintiffs claimed JUSOO. damages. The defendants by their alleged that the declaration hftd on the following grounds ? 1. That the award - mentioned in the first count does not pursue the submission therein mentioned, not being as intended by the said submission, the joint award of the two arbi trators and the umpire therein mentioned. 2. That the said award does not pursue the said submission, because the parties between whom it purports to be made, are not both the same rs those mentioned in the submission. 3. That the second count of the declaration discloses no cans? of action.

After argument, his Honor a'lowed the de mnrrer to the first conut of the declaration, and overruled the second demurrer. Air VJac/issey intimated his probable intention"to appeal