WARDEN'S COURT (Before Mr Warden Kenrick.)

Te Aroha News, Volume II, Issue 72, 18 October 1884, Page 2

WARDEN'S COURT (Before Mr Warden Kenrick.)

The following c,\s»s were adjourned from last Court day :-— Mining Inspector v. Vulcan G. W.C« M v. Army G.M.00. ; v. Coquette G.M. Co. ; v. Wrtitoki G.M. Co. ; v. Golden Hill G.M. r 'o. ; and still further adjourned For 1-4 days. Mining Inspector 7. Chas. H. Wilsou, claim L 2 arre.irs of rent on residence sites Nos 109 and 110- Judt>nie ifc for amount, and costs 18s. IS ime v Tnos. Robinson (Waiorongomai), claim Ll arrears of rent on resilience site No 107. Ju Igment for amount, an. l costs 13s. Same v. H. E. Campbell, claim L*2f> tirrears of rent on business sites Nos 58, 403. 401, 411, and 412. Adjuunred for one montii. John F. Cocks v. John Ahhotfc. M" J. A. Miller and Mr J. Cuff appeared for plaintiff, and Mr H. H. Lusk for defendant. The plaint in this case, as cited by plaintiff's soliefor, sets forth that in August I<SB3 plaintiff nnd de feml.int entered into an agreement to thi> effect that plaintiff should hand over to defendant certain mining shares, viz : 1000 scrip snaivs Lucky Hit G.M. Co., 11)00 scrip shares All Nations U.M.Uo.. 10 shares Queen of biieha L.H., 3 sliares Wonder L.H., 3 shares Win ifall L.H., 1 share Delta L.H, in pait pay nient vvh'M'eof fhe sum of LlBO was paid plaintiff by defendant, the arrangement beinyf that ilcfendant should sell th k shares on the joint account of plaintiff and defendant, the proceeds of sue.r sales over and above said LlBO to be equally divided, the defendant to account to plaintiff for all such sales. And furtiier, it was agreed that a minim>\m price should be placed on said scrip and shares below which defendant would not be entitled to sell same, viz., 4s per scrip for Lucky Hit?, Is per scrip All Nations, L 5 per share Queen of Sheba, LlO per share in Wonder, Windfall, and Delta Licensed Holdings. The shares wore handed over to defendant and the LlBO paid plaintiff as agreed upon ; but further than this plaintiff complains that defendant has failed to carry out his part of the agreeiiK ut, although having disposed of the whole of said scrip and mining shares, and has failed to render any account to plaintiff of said sales, and still refuses to do so ; plaintiff, therefore, seeks to have an order made by the Court to compel defendant to furnish a statement of such sales an I the monies received, and pay the plaintiff one-half of said monies received over and above the LLBO, as agreed upon. Counsel on bo Mi sides having argued the point, His Worship ruled the case was not within the juris fiction of the Court, and ordered it to be struck out.