Civil Sittings, Monday, Sept. 7, 1846. Before His Honor Chief Justice Martin. Nathan v. Rowcroft.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 121, 26 September 1846, Page 3

Civil Sittings, Monday, Sept. 7, 1846. Before His Honor Chief Justice Martin. Nathan v. Rowcroft.

This was an action to recover the sum of £415, the value of a quantity of rum, tobacco, &c, consignf-d by plaintiff to defendant, who was proceeding to Port Nicholson, in the month of April last, for sale and returns. It appeared that it was agreed between the parties, that the proceeds of these goods should be delivered to plaintiff'on defendant's retnrn. He returned in June, but failed to comply with the terms of the agreement. It was argued in defence that defendant was not the consignee, and, in consequence, not liable to plaintiff for the goods, as the bill of lading was in the name of H. R. Cretnay. Verdict for the plaintiff— £357 183. Sd. For plaintiff—Attorney-General and Mr. Conry. For defendant —Mr. Bartley and Mr. Merriman. J

Tb Pakeru alias Robert Newton, v. Wilkinson This was an action brought by a native chief to recover the value of 193 pigs, paid by plaintiff as part purchase of the defendant's cutter the Finetta. It appeared that plaintiff was to give defendant 300 pigs for the vessel, which were to be taken by instalments within nine months from the date of agreement. The plaintiff delivered, at sundry times, 193 pigs, when the vessel, which was still in the ownership of defendant, was totally wrecked. In defence it was pleaded that plaintiff had broken the agreement by not delivering the entire number of pigs within the stipulated time. Veidict for the plaintiff, £96 10s. For the plaintiff—Mr. Donnelly. For the defendant —Mr. Merriman. Crummer v. Morrison*. This was an action to recover damages to the amount of £400, sustained by plain tiffin consequence of the sale of a quantity of whalebone by defendant to plaintiff, which was represented by defendant as being his own property. The sum claimed as damages was made up of the original price paid by plaintiff to defendant for the whalebone, and the amount recovered from plaintiff in a former action by the true owner. The case was undefended. Verdict for the plaintiff, £287:155. Attorney-General and Mr. Conry for the plaintiff.