SUPREME COURT.

Temuka Leader, Issue 1528, 21 December 1886, Page 2

SUPREME COURT.

CIVIL SITTINGS. Timartj—Friday, December 17. [Before Bis Honor Mr Justice Johnston, and a Jury of four.] v '' In tbe case of John Black v. Friedlander Bros., claim £lO2 4s 2d, the Jury returned a verdict for plaintiff for £lO2 4s 2d for tbe use and occupation of the land. At the request of counsel for the defendant, the jury were requested to find the amount of damage, if, on the motion for judgment hereafter,. it should be found that defendant was entitled to recover, and found for one shilling. The case then terminated, either party to move for judgment in Janco, the question of co3ts of claim and counter claim being reserved. Timartj, Saturday, Disc 18. E. 13. Ostler v. Be I field Woollcombe and George Frederick > Oiulee—Claim £295, • and interest £SB Is Id. Mr J, W. White, of Messrs White aad Co., appeared for plaintiff, and Mr C. T, H: Per y for defendants; 'i '' '''•''- Mr White,' in .opening the case, said the pleadings were very short, and that the statempn. of claim showed that on or about July, 1879, the defendants received £440 from the plaintiff for the purpose of investing upon'?,' good, sufficient, and secure securities;" that on the 9th of June, 1882, the defendants carelessly and negligently invested £IOO upon the security of a mortgage of certain land at Geraldine owned by W. Fly, of Geraldine, a laborer; that the-* security was not oh the 9th June, 1882, worth more than £4O; thatibjri the 12th June, 1882, the defendants carelessly and negligently invested £l5O upon the security of a mortgage on land at Timaru, owned by E. L. Christie, ;of yTimaruj that this security was.not on the day named worth more than £6O; that on the 11th July, 1882, the defendants carelessly invested £7O upon: the security of a mortgage of land at Geraldine owned by H. Newport, of Garaldine ; that this land is not and was not at, this.time worth more than £ls ; that the defendants on the 30th September, 1882, carelessly invested £4O upon the security of a mortgage of certain laod at Arowheoua, owned by W. Greenaway, of Millord, the said land at this time not neing worth

.more then £10; that on the 21st May, 1883, tke defendants carelessly invested £BO upon the security of a mortgage of certain lands at Waitnate owned by W. B. Hawkins, of Palmerston North, the said land at this time not being worth more than £2O; the plaintiff, therefore claimed (a) the sum of £295, being the difference between the sum of £440, the total amount of the investments and the value of the securities, and (b) the sum of £6B la Id, being the amount of unpaid ■ . interest up to the 14th of December, 1886, on the moneys invested on the securities named. The statement of defence was that defendants received the sum named " upon the terms that they should act with ordinary care and caution, a?d with due diligence in investing the sam*-, which they did;" that the defendants did not invest any of the moneys carelessly er negligently; that the business transacted by defendants for the plaintiff in relation to the investments named war done free of charge ; that at the time the investments were made the securitien were good, and sufficient for the various sums invest'. 1 ; and, finally, that if any one or mnr-- • the securities was or were insufficient «t the time the money was invested, the defendants acted with ordinary care and caution, and with du3 diligence in making the whole of the " investments, believing them to be good and sufficient securities for the payment of the amounts respectively advanced thereon. A great deal of evidence was taken as to - the value of the securities on which Messrs Wcollcorabe end Cltilee mide the advances, some of it being most coniicting. At 10.47 p.m. the jury retired, and at midnight brought in their verdict. They 'considered that great negligence had been shown on the part of the defendants in the Geraldine cases, and gave the present value of Fly's property at £SO, £SO less than the amount of mortgage money, and ' Newport's property at £35, or £35 below the amount it was mortgaged for. The Talue of the Temuka property (Greena- . way's) was given at £35, £5 below the mortgage,; but no negligence was proved in'thatioßtaucs.. Christie's property was considered to be fair value to the mortgagee, and Hawkins* property a good ' security. They, therefore, considered that plaintiff was entitled to £BS damages and interest, after deductions of rent of £l3 15s 7d. Judgment was then given for £9B 15s 7d, »nd costs on the lowest scale, and on the application of Mr Perry defendants were awarded costs on the three issues they won, viz. : on ths Timaru, Waimate, and Temuka properties. The Court then adjourned till Monday.