SUPREME COURT.

Globe, Volume VIII, Issue 917, 2 June 1877, Page 2

SUPREME COURT.

SITTINGS IN CHAMBERS. Friday, June 1. (Before His Honor Mr Justice Johnston.) His Honor sat in Chambers at 11 a.m. RE JAMKS PHILIP PARKER. On the application of Mr Izard, the discharge of the debtor was granted. RE JAMES QUINCEY WALKER. Mr Slater moved for an order for payment of costs out of the estate up to time of appointment of trustee. His Honor made the order. EE WILL OF JOHN TAYLOR DECEASED. Mr Duncan obtained an order granting probate herein to Joseph Taylor as one of the executors named, reserving leave to the other executors to come in and prove. REWILL OF JAMES M'GOWAN DECEASED. Mr Slater applied for an order for leave to issue probate to James Eaton and Paul McColl as executors named in tbe will, H;s Honor made the order.

CAMPBELL T. M'CONNELL AND TODD. In this case the plaintiff is Donald Campbell, medical practitioner in Christchurch, and the defendants, James McConnell and David Todd, executors of the will of the late Robert Mackay, deceased. The plaintiff claims to recover from the defendants the sum of £ooo mnder the following circumstances. On or about the sth of August, 1876, the deceased was suffering from illness, and was attended by the plaintiff. At this period the deceased had in his possession a deposit receipt from the Bank of New Zealand in his favour to the amount of £SOO, and also a bill of exchange for £SO, drawn by deceased and accepted by one James Hogg. As alleged by the plaintiff, the deceased prior to his death handed over to him the deposit receipt and bill of exchange duly endorsed for the sole use and benefit of the plaintiff. The deceased died on the 6th August, having previously made a will and appointed the defendants in the present action as executors thereof. On the 7th of August the plaintiff delivered to Mr O'Neill, then of the firm of Joynt and'O'Neill, the deposit receipt and bill of exchange, for the purpose of making a claim on the executors under the will for the amount of the deposit receipt and bill of exchange. The executors, however, realised the deposit receipt and bill of exchange, and refused to pay over the proceeds or any part thereof to the plaintiff. The plaintiff therefore prayed for a decree of the Court, that the defendants may be restrained from parting with so much of the assets of the estate as will cover the payment of the said sum of £550, and that a decree may be made ordering the payment to the plaintiff by the defendants of the sum mentioned. The defendant denied all the material allegations in the plaintiff's declaration. The case now came up for settlement of issues. Mr Duncan appeared for the plaintiff. Mr Joynt for the defendants. The draft issues submitted by the defendants were approved, and the trial of the case fixed for July 12th, by special jury.