SUPREME COURT. CIVIL SITTINGS. March 7th, 1853.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 793, 9 March 1853, Page 3

SUPREME COURT. CIVIL SITTINGS. March 7th, 1853.

Before His Honor Mr. Justice Stephen. ea action j^fo^S^id, feeing the amount of Defendant s dishonoured acceptance Mr. King appeared for Plaintiff. The cause was undefended, and ■ a verdict was returned for the amount. Wallace v. M'Kenzie. This was an action for use and occupation of premises known as the Eagle Tavern, Lambton Quay, from 22nd March last, at £1 per week. Mr. Hart was for the Plaintiff, as Mr. King, being a witness, could not lead the brief. Mr. Brandon for the Defendant. W. Ellerslie Wallace— stated, that in January, 1852, he was the landlord and Innkeeper of the Eagle Tavern, which he held till the 22nd March last under his brother, John Howard Wallace, the Plaintiff, at £1 per week. Witness gave the,m up to Messrs. Hickson, and W. R. Loxley, as Trustees to his Estate ; the defendent took them and he has been ever since in possession. .John King — stated, that he was solicitor for plaintiff, J. H. Wallace ; was solicitor to plaintiff in March last; about 22nd March defendant came to witness relative to taking possession of the Eagle Tavern, the terms £1 per week ; on the 27th of May witness gave defendant a memorandum to the effect that ,the defendant should have a lease of the premises for the residue of 14 years, at the rate of £52 per annum and signed such memorandum as solicitor to the plaintiff. On Cross-examination, witness stated that the Crown Grant for the premises was not yet issued to Captain Rhodes, the owner, but that the plaintiff held under an agreement from him for a term of 14 years. Mr. Brandon for defendant contended that the plaintiff had no title and could not recover. The Jury after retiring for one hour return. Ed and found for plaintiff, damages £45. Flygerv, Harding— is fixed to be tried by a Special Jury, on Thursday, the 17th inst.