SUPREME COURT.

Nelson Evening Mail, Volume VIII, Issue 213, 4 September 1873, Page 2

SUPREME COURT.

SUPREME *-* CIYIiI.SITTINGS. [Before his Honor Mr. Justice Richmond.] -Yesterday. Symons v. Wilkie. The jury retired, at half-past five, and after an; absence of a quarter-'of-an-hour, returned with a verdict for the plaintiff. The following are the issues, together with the finding of the jury thereon:— -.;:*! 7 (1) Was James Wilkie, of Motueka, storekeeper, on or about tbe 6th September, 18.72, indebted to the plaintiff in the •. sum of £1437 14s 9d?—Yes. j (2) Did the defendant on or about the date aforesaid purchase from the plaintiff the said debt for the sum of £764 6s 6d, whereof £254 8s lOd was payable in cash, the further sum of £254 8s lbd three months after date, and the remaining sum of £254 8s lOd six months after date ? — Yes. (3) Did the.defendant thereupon pay to the plaintiff the sum of £254 8s lOd, being the cash payment on account of the defendant's said purchase ?—No. '. " ' (4) Did the defendant thereupon agree with the plaintiff to pay interest on the said two sums ■of £254 8s 10d-each from the dates when they respectively became due as aforesaid, at r 8 per cent per annum until: payment thereof,' —No, there was no agreement. „ - 7 (5) Has the plaintiff performed -all the conditions precedent on his part, and have ali things happened and occurred, and all periods of time elapsed to entitle the plaintiff to the payment of the defendant of the balance pf the said purchase money of the paid debti and; to' enable him to maintain this action ■?—Struck out." (6.) Has the defendant paid the balance of the said purchase money of the said debt, or any part thereof? -No:-- ..,-...,.-.,.:..-.. (7.; Is the said balance, amounting to the sum of £509 17s Bd, with interest on the sum £254 18s lOd, part thereof from the"9th December last, and on the sum of £254 18s 104 other part thereof from the 9th"March lastV at the rate of 8 per cent per annum due and owing by the defendant to the plaintiff ?—£so9 17s 8d due without interest. This brought to a close one of the most lengthy civil sittings of the Supreme Court ever held in Nelson, the session baying lasted eight days.