Mr T. Tanner v. Northern Investment Company

Feilding Star, Volume XII, Issue 81, 27 December 1890, Page 4

Mr T. Tanner v. Northern Investment Company

At a quarter to, eight o'clock on Saturday night the jury empanelled £o "try the above action, in which jg4;1j372 was, claimed by the plaintiff, teturued to Court, and found, for the defendant company. They answered the various issues as follows:— : r rii. Was the said sale at an undervalue; if -so,i what was the value of thauwhoie -security at the time of ea'e?— No. ~ -A. Cquld the sale if properly concluded, !have ' realised more than i£&s,duO; aud if so what amount?— .3. Did the plaintiff consent to and approve of the sale in one lot ? — Yes. .', .£y If not, did the sale in one lot realise less than would have been obtained by a separate sale of the ltitid and ' mortgages J and 'if so to what- extent^?^-No. 1 Didthe. plaintiff; consent to arid approve of. the conditions of the .sale ? £%s.\ ;:/'■■ v'; /; . ' ' Ll '& 'Was tnSre any representation 91 intention'-^' 'alleged, made to the gl^jntiff bj_Mr Dobson ?-r-No. - : ./'7. If qaj^dg, .was- it intended at the time to.'(»rry t out such representation, ? — Ivbfc rnadd". ..' „...„,,; , . -# , ;., „ . t ; .■• _Bj_.lf uiacte, was such intention abandoned secretly : arid . . without Earning; ?~~ Not .made. 1 ■■,-.. .# , _us!j If ->. . ; ruade;: < intention absadqued^^eckiesaly and; without attending to the fact that the plaiatifE was relying ou the representation ? vJ^Hotmade~VI '^ v <■ < : ,- C--' ■• ■•' - f If the . plaintiff had attempted t^Tprptect his property, could? he have succeeded .E-rf-No,; 7 , : ; ; --Inoae or4wo points the jury were um&hnoiis'j-but/ bri all' the principal isaifesitiwiaa eleven' to one; Judgments was entered up for the defandents by the Chief Justice, but thS-ijufestion-of accounts was ; reserved, afi&tflso the iamourit of costs which •will' have to be paid ° by the plaintiff. Special jury, second counsel, ..and e±tra days were also certified for by iidis-Honbr.— Napier'Newa.