SUPREME COURT. Auckland, March 7, 1850. (Before His Honor the Chief Justice.)

New Zealander, Volume 5, Issue 407, 9 March 1850, Page 3

SUPREME COURT. Auckland, March 7, 1850. (Before His Honor the Chief Justice.)

J. S. POLACK v. EZEKIEL LOVERING. This was an action for £1,155, being the alleged amount of damage sustained by the plaintiff by the breach of an agreement by the defendant, dated the 16th of November, 1849. The agreement was, to carry 160,000 feet of sawn timber in the brig Enterprise, of which the defendant was master, to San Francisco. Notice of the readiness of the vessel to take in the plaintiff's freight having been given by the defendant's agents, Messrs. Brown & Campbell, the plaintiff, on the 27th and 28th of the same month, tendered his timber alongside the vessel, but it was refused — first by the mate, who said he would not take it on board without a note from the captain, and afterwards by the captain himself, saying that he would not take it in if he got £10 a ton for it; he would not allow an inch of it to come on board. ln consequence of this breach of agreement, the plaintiff, to get his timber into the Californian market, was compelled to purchase the brig Fanny for £1,600. The plaintiff claimed the sum of £1,155, as the amount of damage sustained by him by the loss of the market at San Francisco. Timber being higher there at the time that his would, in all probability, have arrived if the defendant had fulfilled his part of the agreement, than at the time it would arrive by the Fanny. The Jury having been addressed by Counsel on both sides, his Honor summed up; and, after a short deliberation, the Jury declared a verdict for the plaintiff—damages, £250, and costs. Counsel for the plaintiff — Mr. Whitaker; agent, Mr. Conroy. For the defendent— Mr. Bartley; agent, Mr. Merrlman. This was the only cause on the list for trial.