THE CONTRACT CASES.

Gisborne Times, Volume XXVI, Issue 2251, 24 July 1908, Page 2

THE CONTRACT CASES.

A FURTHER CLAIM. In (lie Magistrate’s Court yesterday morning, before Air. W. A. Barton, S.M., mention was made of tho ease of flic Alpha Sawmills Co., Ltd (Mr. Stock) v. Hamon and Smith (Mr. Burke) and tho Official Assignee (Mr. F. W. Nolan) .in the estate of AV. Crump, builder, bankrupt, claim, for £2OO lor material supplied. This ease had been called before, but was adjourned until August- 20th in order that evidence in the ease might he taken at Darguville. Yesterday morning, however, Mr. Stock asked' that judgment be entered for the plaintiffs, as he understood that tin; Official Assignee did not propose to contest the- ease. Mr. Coleman applied to bo heard on behalf of his clients, Messrs Wade and Gray, Kobt. Lewis, and James Morrison*. His Worship ruled that Mr. Coleman could not ho heard in the ease. After further argument Mr. Coleman asked His Worship to state a ease for the Supreme Court. His Worship replied that no one who was not a. party to -tho present action was entitled to havo a case stated. Mr. F. AY. Nolan wished to explain the action of the Assignee in not contesting the case, which lie said' was merely because the judgments already given had more- than covered the amount paid into Court, and it was not thought desirable to contest the case, and thus increase the costs. Alter counsel had been further heard. His Worship decided to adhere to tho previous course of hearing tho case on August 20th.