THE BANK OF NEW ZEALAND ESTATES COMPANY (LIMITED) V. GEORGE EDGECUMBE.

Waikato Argus, Volume I, Issue 29, 15 September 1896, Page 3

THE BANK OF NEW ZEALAND ESTATES COMPANY (LIMITED) V. GEORGE EDGECUMBE.

Ik the Supreme Court at Auckland on Friday last, Mr Banna moved on summons to defendant, to show cause why the trial of this action should not be adjourned until the December Civil Sitting.''. Mr Karl appeared in support of the notion, instructed by Messrs Button aid Buddie, and Mr Cottci to oppose, inttructcd by Mr Swarbrick, of Hamilton. The grounds of the appliea tion were that Mr Cooper, who was engaged •in the case, was engiigcd in Wellington, and there was no time ftr other count el to become accjusintici with the ease. His Honor said that was not veiy compl mentaiy to Auckland counsel, as 'there were ten days in which to prep:re from the time it was known Mr Cooper could net attend. He considered it would have 1 e n in very good hands in those of Mr Earl himself. Mr Earl replied that Mr Cooper had prepared the pleadings and was responsible for the case. He had only teen the pleadings the previous diy and had not been offered, the case. He was on'y instructed to take out this judge's summon". Mr Hanna was only informed tlevin days aftir the service of the writ that Mr Cooper could not attend, and he at orce gave notice to the other tide, but the case was set down for tiial on the 9t!i, and Mr Hanna received notice on the following day. PuiiitifFs solicitor had sworn that he would be embarrassed if forced to proceed with the case. Mr Cooper was engaged in Wellington as counsel for the Bank of New Zealand, and in a semi-public capacity, and the defendant could suffer no uamage and wouM not be prejudiced by the postpotiemtnt of the trial. The acton was brought by the plaintiffs to recover from the defends lit a list of subscribers, etc., of the Waikato limes, which it was alleged defendant, who had started an opposition paper, was using to prejudice the "Waikato Times. He was now in possession of these chattels and documents, and would have the advantage of tlicm for the next two months if the trial was postponed, so that iuste-xl of being prejutVccd he would he benefited. Jn reply to His Honor, Mr Cotter said the pros nt registered owner of the Waikato Times was Mr Bond, to whom it had been sold by the Estates Company. His Honor said the applicat on Tvas not an unreasonable ore, but they were so bound down by precedent. Was there, he asked, any precedent for postponing a trial because certain counsel could not appear? Mr Earl quoted Chitty, and said it was impossible to iiml an authority quite <>n all fours with the present case, but there was an authority for putting olf a trial owing to the illness of counsel. His Honor said of course if Mr Cc oper had been taken ill on the morning of the trial, an application for postponement would not be opposed, at all events not here, where such good feeling existed between counsel. Mr Critter said if Mr Earle was willing to lake the legal argument on Monday, he would raise no question of any evidence. The matter really was the construction of an argreement. MrEarl said he had no instructions to take any legal argument, he was only instructed to place before His Honor arguments why this trial should be postponed. Mr Ci tter said the difficulty was of plaintiffs* own creation. . Mr Cooper was absent in Wellington when tin; action was commenced, and they bundled the whole of the papers to Mr Cooper to Wellington. Me objected to the case standing over, for the defendant informed him he was prejudiced. He was proprietor of Tills Waikato Aims us, and statements were being made to his prejudice in reference to this action, and it was airccting his paper. The points were in a nutshell on the document itself, and he must protest against the adjournment of the case on the grounds. stated. Hr Hanna knew, on the 4th instant, that Mr Cooper could not appear, and there had been ample time to instruct other counsel. His Honor said he would be acting fairly to both parties by dismis-ing the summons, and stated that he should not take the ease before Thursday. That would pive time to instruct counsel. He al'owcd £2 2s.— N.Z. Herald.

(MY TBLEOBAPIt OWN COBItKSr-ONDENT.) Auckland, Last Night. At the Supreme Court in the case of the Dank of New Zealand Estates Co. v. Ceo. Edgeeiuiibe, a claim for damages and writ of injunction, Mr Cotter said this case had b.en set down for Thursday.