SUPREME COURT.

Globe, Volume II, Issue 120, 19 October 1874, Page 2

SUPREME COURT.

NISI PRIUS SITTINGS. Monday, October 19. [Before his Honor Mr Justice Gresson.] The nisi prim sittings of the Court commenced at 11 a.m. EOTSE AND ANOTHER V. MURRAY. Counsel for plaintiffs, Mr Garrick, with him Mr Wynn Williams. Counsel for defendant, Mr Joynt, with him Mr O'Neill. The following gentlemen were sworn as the SPECIAL JURY. Messrs Alexander Carrick (foreman), Henry Hayes Hennah, E. S. Harley, W. D. Wood, W. T. Smith, B. Dobson, W. Townsend, J. B. Sheath, W. B. Armson, F. A. Bishop, G. T. Leach, and John Inglis. This was an action brought by Messrs Royse, Stead and Co. against Wm. Murray, of Lyttelton, to recover the sum of £250 as damages for breach of contract on two shipments of cheese per Stormy Petrel and John Knox. It appears that the plaintiffs contracted with the defendants for the supply of two tons of cheese of good quality and color for shipment to New South Wales. The whole of the cheese was so shipped, but on arrival at Sydney, it was found not to be of the quality as . stated by the defendant, and was sold at from 3d per lb, instead of fetching lOd or Is per lb, as it would had it been prime. The evidence given under commission in Sydney, went to prove that the cheese arrived in very bad condition, only a portion of it being in cloth. The plaintiffs therefore claim damages to the amount stated. The issues as framed for the trial of the cause were submitted to the jury. Mr Wynn Williams having opened the plaintiff's case, Mr Garrick read the pleadings and declaration. The evidence taken before Mr Holdsworth in Sydney, under commission, was then read by the Registrar. Mr R. H. Wood, clerk to Mesßrs Montgomery and Co, agents of the John Knox, having given evidence of the absence from the colony of Captain Davis, of the John Knox, the evidence of the latter taken in Christchurch, under a judge'B order, was read to the jury. The evidence of Mr Loyse, one of the plaintiffs, Mr Stead, and others, having been taken, the Court adjourned until to-morrow.