SUPREME COURT-IN BANCO.

New Zealand Times, Volume XXXII, Issue 5188, 7 November 1877, Page 3

SUPREME COURT-IN BANCO.

Tuesday, November 6. (Before their Honors the Chief Justice and Mr. Justice Richmond.) HARRISON V. PALMER. .Notice of appeal had been given in this case, and Mr. Bell, for the defendant, applied that the hearing of the case be postponed till the next sitting of the Court of Appeal, on the ground that the defendant had not time to prepare his case.—Mr. Travers, who appeared for the defendant, objected to the postponement, as the defendant had already been allowed ample time.—The Court did not see that sufficient grounds had been shown to alter the order already made.—Mr. Bell stated that the defendant was prepared to pay over tho amount recovered aud costs ; and this being accepted by Mr. Travers, the application was granted. PERCY V. M‘KAY. This was an action in which tho plaintiff sought to recover a certain piece of land situate at Te Ore Ore. The case was tried at the last sittings of the Supremo Court, and a verdict was given substantially for the plaintiff. However, two of the issues were not answered by the jury, and on those two issues the defendant now moved to have the matter referred to the Native Lands Court.—His Honor Mr. Justice Richmond was of opinion that the issues were not material on the evidence. —Mr. Travers, for the plaintiff, would admit the issues to be answered as sought for by the defendant.—Mr. Izard, for the defendant, contended that no verbal agreement was sufficient to pass native land. The Court granted a decree.

THE QUEEN V. M‘INTYRB.- ■ ■ The facts in this case were that Captain Mclntyre bought the wreck of the Kate Monaghan, bn which was a quantity of iron the property of the Crown. He recovered the iron, advertised it, and sold it, the purchasers being the Government. The Government thus purchased their own property, the iron being theirs, and intended to be used on the Eoxtou and Manawatu railway, when it was sunk through the wreck of the vessel at the mouth of the Manawatu River, near Eoxton, and was subsequently recovered by Captain Mclntyre. The Government now sued for the wrongful conversion of the iron, and in another count for money (viz. for the price paid for the iron, some £1406) had and received to the use of the Crown. The defence was substantially that the defendant in salving the iron spent a sum equalling the claim made. The Crown now demurred to defendant’s pleas. Mr. Izard appeared for the Crown, and Mr. Travers for Captain Mclntyre. The Court considered the defendant's pleas bad. Mr. Travers applied for leave to amend, which was granted ou payment of costs. MONTGOMERY V. DALTON. This was a special case. Mr. Travers appeared for plaintiff, and Mr. Gordon Allan for defendant. The question at issue turned ou the covenants of a lease, by which it was alleged on the part of the plaintiff that the tenant was restrained from assigning the right to cut timber, but had violated that covenant. It was contended ou the part of defendant that there had been no breach whatever of the terms of the lease, aud that he had the right to sell to another party the right to cut down the trees. The Court gave judgment for defendant.