SUPREME COURT.

New Zealand Times, Volume XXXIII, Issue 5481, 21 October 1878, Page 2

SUPREME COURT.

Saturday, October 19. (Before His Honor Mr. Justice Richmond and a special jury). MACLEAN V. NICHOLSON. This case was continued from Friday. Mr. Travers, in opening the case for the defence, denied all the allegations in tho plaintiff’s declaration, and contended that the terms of the agreement and compromise had not been conclusively shown ; and moreover, that the' actual contract between the parties was altogether different from that stated by the plaintiff. Messrs. J, W. Nicholson, Lambert, and Cheesman were called as witnesses for the defence to prove that Maclean was never in partnership with them. It was alleged that the defendant made over the business conditionally upon his sou approving of the transaction when he came of age ; bub that agreement had never been completed. Maclean was only a servant of Nicholson’s, and remained in the shop to look after defendant’s interests. During cross-examination by Mr. Fifczherbert, it was stated that Lambert had paid the defendant £3OO, which was a cash deposit to be made by each of the partners. This sum had been agreed to, but was to take the form of a loan. All the cheques at this time were initialed by Cheesman. His Honor, in summing up, went carefully over the evidence, and observed that Maclean’s account of the transaction of the affair was anything but satisfactory. At 3 o’clock the jury retired, and at a quarter past 4 returned into Court with a verdict for, the plaintiff on all counts.