Tuesday, September 20.

Tuapeka Times, Volume III, Issue 137, 22 September 1870, Page 5

Tuesday, September 20.

(Before W. L Simpson, Esq., R. M.) J. Harrop v. H. Campbell.—Claim, damages £20. In this case J onas Harrop, as trustee in the Trust Estate of E. Croker,suedthedefendant and complained that the defendant did refuse to deliver up to him certain leases, the property ofthe Trust, being for sections iNo. 70, 71, 72, 73, and 74, block 11, Tuapeka Bast, aud claimed damages £20. Mr. Gooday appeared for plaintiff. It appears, from the evidence, that the defendant never refused to give delivery, but the leases were in the hands of his solicitor, and that he told the trustee to write for them. He admitted being, to a small amount, indebted to his solicitor. Mr. Gooday prepared for judgment, as in that event he would be able to get the deeds from defendant's solicitor. Judgment of the Court was to the effect that the leases were to be returned immediately. £8 damages was recorded in case of leases not being forthcoming. Costs of Court, 225, and £1 Is, professional fee. As the deeds were wanted immediately, it was agreed that the Clerk of the Court telegraph to Dunedin about them, but at the cost and charge of defendant. Keirv. Morrison.—Judgment was given by the Bench in this case, which was fully reported iv our columns last week, and over the consideration of which the three Magistrates who presided have spent some ten days. In giving judgment, Mr. Simpson said that the Bench was divided in opinion, two of the M-gistrates taking one view of the law of the case, and one the opposite He reviewed the facts at great length, and also the authorities as quoted for the

plaintiff by Mr. M'Coy, and stated that the Bench, by a majority, considered that tha authorities were divided, but the Bench were unanimous upon the point that the defendant Morrison was morally bound to pay. As, however, on the law points, the Bench were with the defendant the judgment must go for the defendant — one magistrate out of the three dissenting. Mr. Gooday asked for costs. Mr. M'Coy said that as this was a claim which morally ought not to have been resisted he the Bench would refuse costs. Their Worships concurred and refused costs, save those of Court outlay.