SUPREME COURT.
. CIVIL SITTINGS.
Monday, January 12. ; i (Before Bis Honor Mr Justice Chapman;) r Bank ;OR Otago - (Limited) v. , D, B. Miller. —This was an action on an account to recover 1-1,468 4s Id, being the balance owing by the defendant to the plaintiffs, which-is secured under a deed of mortgag appeared Tor the plaintiffs, briV defendant, whu had pleaded a'general -denial, was neither represented by counsel or otherwise —Notice of date'"of service was provetilby Mr Sinclair;'managing clerk to Messrs and Anderson;; arid •Mr - Bat'deman,: manager: of the National Bank, formerly the Bank of Otago, proved that the amount was owing on the 20th - ovember, and had not been paid rinca. —These were the louly. witnesses called.—His Honor, in directing the jury, aaid thar. the four elements, nveessary, bad been proved, viz , the capacity of the plaintiffs to sue as a corporation ; demand ’of the money; that the balance was due; arid" that it ha.4 never been paid.—Mr Smith agreed to take general verdict for the plaintiff* for the amount claimed, which was given. . The Cqurb then ,: , , v
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Evening Star, Issue 3398, 12 January 1874, Page 2
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179SUPREME COURT. Evening Star, Issue 3398, 12 January 1874, Page 2
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