SUPREME COURT.

New Zealand Times, Volume XXX, Issue 4363, 15 March 1875, Page 2

SUPREME COURT.

• ODGERS V. BORLASE AND NOAKE. In saying judgment in this case was for the defendant, we were not quite correct : the true state of the case is as follows : The questions submitted, by consent, for the decision of the Court, were : 1. Is the plaintiff entitled to have the-above-mentioned debt of £lls with interest from the 9th of September, 1873, discharged in full out of the proceeds of the said policy of assurance ? , 2. If not so entitled, is the plaintiff entitled to rank as a creditor on the estate in the hands of the defendants in respect of the said debt ? It is hereby agreed between the abovenamed parties hereto as follows : I. If the judgment of the Court shall be given in the affirmative on the first question of law raised by the case stated, the said sum of £lls, with interest at the rate of 8 per cent, to the date of judgment, shall be paid by the defendants to the plaintiff, with the costs incidental to the action.

2. If the judgment cf the Court shall be in the negative of the said first question of law, hut in the affirmative on the second question of law raised, the plaintiff shall be paid by the defendants pro rata with the other creditors of the deceased H. J. Perham.

3. If the judgment shall be in the negative on both the questions of law, judgment shall be entered for defendants.

4. Except as provided for by paragraph 1 of this agreement, the costs incidental to this action shall be in the discretion of the Court.

It will be seen that the judgment of the Court that the plaintiff shah, rank pro rata with the other creditors is in favor of the plaintiff.