SUPREME COURT.
IN BANCO. Thursday, July 1. (Before Mr Justice Johnston.) Martin v. Anning. —ln this appeal, which known as the Comet case, judgment was delivered by his Honor, who thought that the real contract was between Anning and M'llroy, and not with the appellant. It was M'Xlroy who had received the first payment for passagemoney—at all events on bis account, and it was to him that the respondent all along looked for getting to Queensland. Martin never became, as regarded either the respondent or M'llroy, the principal in the contract; so that there was no ground in the evidence, as given before Mr Bathgate, R.M., for saying that he was responsible on the contract stated in the summons—to carry Anning from Lyttelton to Port Endeavor Rivet, per Comet, from Port Chalmers. Judgment was reversed, with costs, and leave given to appeal.
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Evening Star, Issue 3855, 2 July 1875, Page 2
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142SUPREME COURT. Evening Star, Issue 3855, 2 July 1875, Page 2
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