HAMlLTON.—November 20.
"Warden's G'ottbt. (Before H. W. Robinson, Esq., Warden.)
John Allen v. James Kerlihey.—Claim, £SOO damages .for .breach of agreement, forsaie of one eighth share in the Perseverance Mining' Company, Hamilton. Sir. Howlatt for complainant, Mr. Bailey for defendant. The agreement-was admitted, by which defendant had contracted to sell a share for £220, payable in instalments as obtaiued from the ground. It was shown that £2 lis. had been paid, complainant having himself received £35 as maintenance money at the rate of £1 per week for working the share. The dispute turned principally upon the fact, that a sum of £4O of an old debt for" water money hud Accrued to the Company since the sale, and the defendant (Horlihey.) claimed that he was entitled to £s— one-eighth of the £4o—to the exclusion of the purchaser of the share. There was -a similar claim by Herlihcy in reference to some blowing of gold which had accumulated in the hands of the Company prior to the sale, and of which he also claimed to retain one-eighth instead of its going to the purchaser oi the share. The Court held that the sale entitled the purchaser to the full interest of a shareholder, and save judgment for plaintiff for £3OO damnies, with costs of Court £3 165., £3' 2s. for five witnesses, and £5 ss. professional costs.
Grants.—Yot Sun and others, extended claim and tail race ; Ah Kim and another, extended claim and tail race; Ah Pen and others, water race, tail race, and extended claim.
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Mount Ida Chronicle, Volume VIII, Issue 450, 1 December 1877, Page 3
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255HAMILTON.—November 20. Mount Ida Chronicle, Volume VIII, Issue 450, 1 December 1877, Page 3
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