AFTERNOON SITTING

Hokitika Guardian, 26 June 1922, Page 4

AFTERNOON SITTING

Tho Court was adojunit'd at 32.n0 p.m .and resumed at 2.0 p.m. Mr Murdoch moved for a nonsuit. On tlio pleadings plaintiff sets up a contract. The plaintiff had _ not proved the incorporation of the Company. .Mr Sargent replied to the points raised. His Honour stated that the circumstances were fully understood hy both parties. Mr Murdoch said there, were no cases where an action on contract had been altered to one on torts. Til replv to Tlis Honor Mr Sargent said he proposed to ask that the claim be amended that the defendant wrongfully tool; and carried away the limber and converted it to their own use. Ifis Honor ruled against .Mr .Murdoch on the points raised. Ml- Murdoch then asked on what the plaintiff proposed to proceed. Hs Honour said the rules of the Court were for the settling of the real controversy between Hie parties. He would allow the amendment to he made as requested hy Counsel for plaintiff and stated there would he the necessity to prove incorporation. Mr Murdoch, said in accord with the decision for an amendment, he would have to ask, in the interests of his clients, for the hearing to be adjourned until tlio next sittings of the Court, as indieatcl hy Tlis Honour that such would necessarily follow an amendment in the pleadings made by the plaintiff. His Honour agreed to the adjournment accordingly, Counsel’s fee £0 6s