DISTRICT COURT.

Globe, Volume XX, Issue 1564, 22 February 1879, Page 3

DISTRICT COURT.

Feiday, Fejibuaby 21. [Before His Honor Judge Ward.] The sittings of the District Court were resumed at 11 a.m. KLINGENBTBIN V. BALI. For the plaintiff—Mr Joynt. For defendant—Mr G-arrick. The plaintiff in this action sought to recover from the defendant the sum of £6B, which was made up as follows: —Use and occupation of stables attached to the Marine Hotel, Sumner, for eight weeks, at £1 per week, £8 ; damages sustained by plaintiff by reason of defendant's breach of contract to keep the wall to the westward of the stables in good order and condition, £10; damages sustained by the plaintiff by reason of defendant's breach of contract to use his best endeavors to increase the custom and trade of the said hotel, £SO ; total, £6B. The defendant confessed plaintiff's cause of action as to the first item of £B, and as to £4 5s part of the second item, and as to the residue, pleaded non-indebtedness. Mr Joynt having opened the case for the plaintiff, called evidence by the following witnesses in support of his case, viz., Christian Klingenstein, Margaret Hamilton, and Guy Trenchard. At the conclusion of the plaintiff's case, Mr G-arrick moved for a nonsuit on the following grounds : 1. That there was no evidence to show that the plaintiff was damnified by the action of the defendant. 2. That the covenant to extend the business of the hotel was a covenant in gross, and as such did not run with the law. 3. That the plaintiff was not the party entitled to sue. Mr Joynt having replied on the nonsuit points, His Honor said ho would consider the questions raised by the learned counsel for the defence, and would give judgment on Monday next. The Court then adjourned until Monday next.