SUPREME COURT.

Globe, Volume XXIV, Issue 2516, 2 May 1882, Page 3

SUPREME COURT.

Tuesday, May 2. [Before his Honor Mr Justice Williams.] IN CHAMBERS. LEASES AND BALES OF SETTLED EBTAXBB i . _ ACT. Ro petition of Isabella Jackson. Mr J. O. Martin applied for an order authorising gale of land heroin, and for directions as to disposal of money arising therefrom, Mr Q, Harper consented on behalf of James Tregan and others, and the order was granted, RE SAMUEL BTUCEBT. Mr Stringer obtained an order under the Deeds Registration Act for leave to probable copy of will, RE ESTHER PEPPBBKLL, DECEASED. Mr Bamford applied for an order for probate to Francis Gardener Peppered, one of tho executors named. Order as prayed. RE ROBERT A. LOWE. On the application of Mr Garrick, His Honor greeted leave to register copy of instead of original. RE WILLIAM MILL. Mr Thompson moved for an order declaring deed of assignment completely executed. His Honor declined to make the order on the ground that the secured creditors were not represented at the meeting at which the deed was signed. TUDBALL AND INGLE. Mr Joynt applied for an amendment of an order made in Chambers on the 21st April, under the Abolition of Imprisonment for Debt Act, calling upon Ingle to pay £2O par month until the debt was liquidated. It should have been ordered that unless the money was paid as specified, the defendant should be committed to gaol for a period not exceeding three months. He now applied that the order should bo so amended. Mr G. Harper on the other side consented, and the order was made. RE WILL OP JOHN EDWARD E. PBMBER, DECEASED. Mr W. P. Reaves applied for an order for letters of administration, with copy of exemplification of probate of will annexed. Order granted. YOUNG V HILL AND OTHERS. Return to summons of April 14th. On tho application of Mr E. Cook an order was made for tho production of evidence herein, SAME Y SAME. Mr Cook, for the plaintiff, moved for an order for settlement of issues. Mr G. Harper, for the defendant, opposed tho application with regard to certain issues. He submitted that there was a previous record pleaded by defendant, which showed that the present action had already been adjudicated upon, and the Court could now take cognisance of the record as a ground for refusing plaintiff’s application. After argument, his Honor settled the issues from 1 to 45 to be tried before a jury. The trial of the issue of law was fixed for next sitting in banco, the Court to have power to consider any matters it might think proper to raise on the plea of record and the application thereto, and to alter the form of issue as it might think just. SAME Y SAME. Mr G. Harper applied for an order fixing the time and place for production of the record in action mentioned in defendant’s pleas herein. Orders granted, the time being the first sitting in banco after the Court of Appeal.

IN BANCO. JOHNSON V MENDELSOHN.

Mr G. Harper for the plaintiff, and Mr Garrick far tho defendant.

This was an application for the payment of moneys into Court. Two farmers —Johnson and McNulty—were partners in a grain crop. Before it was reaped the former died, and the surviving partner sold the whole of the wheat and left the colony. A bill was filed to have the widow of Johnson declared entitled with the purchaser of the grain —one Mendelsohn—to a moiety . of the proceeds. A decree went by default, and an injunction was issued to prevent further dealing with the grain. Mendelsohn then offered to pay half —3s a bushel —but the other side demanded a sum between 3s and 3s sd, the latter being the price which it was alleged could have been obtained for the wheat had it bean held.

Mr Harper now moved for payment into Oourt of the value of the grain at the date of the decree, and also that the costs of the suit should come out of McNulty’s share in the crop. Mr Garrick submitted that 3a being admittedly the value of the wheat at the time of conversion, the defendant was not bound to pay more, and secondly that the defendant had not been guilty of such conduct as to justify the Court in inflicting upon him the costa of the suit. There being nothing else in dispute he objected to moneys being paid into Oourt, and accounts gone into as the investigation would be interminable. Ho also contended that the circumstances of the partnership were such that justified McNulty in dealing with the property in the manner he had done.

Mr Harper contended that Mendelsohn having been served with a notice informing him of Mrs Johnson’e claim before ho purchased the wheats ho took McNulty's place and his share in the crop. His Honor reserved his decision.