MR SHEEHAN AND HIS LAND SCHEMES.

Wanganui Chronicle, Volume XXV, Issue 10229, 23 June 1883, Page 3

MR SHEEHAN AND HIS LAND SCHEMES.

' EXTRAORDINARY CASE. (PEB UNITED PRESS ASSOCIATION.) I' Auckland, June 22. At' the bivil sittings of the Supreme Court,' before Mr Justice Gillies, the following ease was beard : — Hay and others v. Slieelian. Mr Hesketh for the plaintiffs. The particulars of this case have .been already published. The plaintiffs received an offer of the sale of certain land in the Wanganui district, upon which they advanced .£750, subject,' however, to approval after inspection.- Tbe plaintiffs were Messrs John Hay, W. Buchanan, and J. Graham. Tbe issues were as follows : — Did plaintiffs . approve (after inspection) of' said land; and agree to purchase the same. 2.- Did defendant agree to refund tho said sum 'of £750 in tbe event of plaintiffs' not giving their approval. 3. Whfijb' sum,' if any, are tbe plaintiffs .entitled to recover. John Hay deposed : That. ;he,is une of the plaintiffs. He had' an interview with Mr Sheehan in January,, 1882, who made him an offer to Bell .the land known as the EuawaiMongonui te ao Block, in the Wanganui districtVCr The agreement was in effect as follows: — That defendant was to sell to plaintiffs all his interest in the above lands; ' comprising 130,000 acres, for £6000; tbenatives having agreed to sell to thS 1 'Government for 6s an acre. Wbe_' 'the' offer was made, Sheehan aske'd the' witness to pay his advances over* the 'block. Witness refused to do so without 'inspection. On February Bth, jSliqebsiii' said he could not accompany; witness, to inspect the block, unless be cpjUjd have a sum of £700. Sheehan, however) produced orders on the Government- for £500, and offered to give a cheque i:by. Whitaker.and Sheehan for £200^.whioh were to be security for the sum iadvanced. • The following documentstilwere; put in' and read: — "Februa'ry.Bth,.. 1881.- Received 'from Messrs''' 1 '- 1 Hayr Graham, and Buchanan 1, tbe 'sum of £700 in part payrAent. 1 'consideration, and satisfaction o'f'my ; intef fcet in Kiiawai Mongonui te ao Blb'ek; ob'nlaining not less' than. lOO.tfOO'acr'es, this being a portion of the consideration agreed to be paid by them if they approved the block after .inspeo-. ■ tion £if nqj; approved the amount to be refunded.. „, (Signed) John Sheehan. Herewitn I assign orders of Pinia Kaupi and Te.Jlaugaituai in favour of the be-fore-mentiqned.persons (native owner's),the same to be held and used by Uhetn as their own- moneys,' in' consideration of their tdecidingr not to- proceed further with the purchase of the said block, "and I undertake that the parties named are entitled to the moneys, arid that the same ■will be-paid by the Government." Upon this the money was paid over, and wit~ ness, 'with 'Sheehan, went to inspect' the land .3' : ; 'When they reached Napier, . Sheefiafrsaiil he could not gor'further without un additional £50, and witness, paid Kipi £50. The £50 was required for sg'me purpose connected with Mr Nelson... When the party got -to Wan- . ganui), they could, not get to the block. The would , not allow them to go-i,on,' the, land, and Sheeban's agentki.were refused permission to go up ther.river. Witness and his party ', did not leave Wanganui. They remained there; a month, making every effort'to get upon.the land, but without avail. I '' Sheehan gave the cheque of Whita_er and Sheehan for the £50 advanced ' 'in' ; Napier. -. Subsequently Graham, one of the plaintiffs, was alio wBd to go on the land and inspect it, i but he did. not approve of it. The orders on the Government and the cheques given. in the name of Whitaker . and S^h'eehan were dishonoured. Witness said that he had frequently asked defendant _f or a. refund of the amount advanced, but it was not refunded. Mr Hesketh explaiued that the Government had agreed to pay, and did pay, £400 upon the order, but that it was held, at the request of defendant, in the hands of a third- persou. The plaintiffs bad receive'd no money on account of this order. The jury returned a verdict for the phrin tiffs on all the issues."