SUPREME COURT. Civil Sittings. Tuesday, SEPTEMBER 19,, 1848. Before Mr. Justice Chapman and a Special Jury. Bennet versus Tankersley.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 329, 23 September 1848, Page 3

SUPREME COURT. Civil Sittings. Tuesday, SEPTEMBER 19,, 1848. Before Mr. Justice Chapman and a Special Jury. Bennet versus Tankersley.

Mr. Ross appeared for the plaintiff, and Mr. King, assisted by Mr. Hart for the defendant. This was an action brought to recover from the defendant, Mr. Tankersley, the proprietor of the Commercial Hotel, Lambton-quay, the sum of £200, being the damages arising from the alleged breach of an agreement by the defendant for the lease of those premises to the plaintiff. The defendant alleged that the lease in question was to have been, executed, and certain monies paid to him by the plaintiff on or before the Ist of October last, but that having failed to perform his part of the agreement within the time limited he had forfeited his interest in the contract. Mr. Ross opened the case to the Jury, and was proceeding with the evidence for the plaintiff, when the Court expressed an opinion that unless he had other proof to offer the plaintiff must be non-suited. Some discussion arose between the Counsel as to whether it was the duty .of the defendant to tender the lease, when Mr. Ross said after the opinion the Court had expressed he should not then proceed with the case. Plaintiff non-suited. This case closed the business of the present sittings.