DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3395, 23 August 1890, Page 2

DISTRICT COURT.

HASTEETON-SATUBMY,

(Before Hia Honor District Judge Robinson,) . .. " -EENALIi V PEIIOY.

His Honor said that he had undertaken togive judgment in this oase this morning. He found that hehad to go through the whole accounts as had been dono by the.accountants.. He might, therefore, be a little out in his calculation, but he did not think this yyould .affect tho case, to' any great extent, It appeared, to him than plaintiffs and defendants had been carrying on business mutually, one supplying cash and the other wheat. He had therefore to consider the way in whioh' things ought to be brought to account. ' He then made reference to the'wheat account, and showed at. what decision he had arrived in this direction. With regard to sacks.'tho number credited, 2165, was apparently;., correct, The question of interest was a most important- factor in the caeo. According to the accounts 1190 had been charged for interest,' to the greater part: of which he did not think'tho plaintiff was entitled. The evidence showed that: there was no practico of allowing interest, except on promissory notes.;, He had gone carefully, through the mill account, and-, found it necessary" to throw off sonwof tho items, as ..there was no" evidence to show the «oods had bton delivered.•': He- could only allow one order toaNative, and that was to Murray Brown. The price for meal appeared to bo reasonable, and he therefore' could not deduct anything from the amount charged. Tho plaintiff, he thought, was : olearly to blame in not having ■ /rendered accounts' for so long a time. He found that the .debits for cash and goods supplied amounted to £220418s 9d, with interest £BB osßd, and tho credits to £2OOO 10 2d, leaving a balance of £232 03 3d, to which he held that the plaintiff was entitled. He did not include in the credit the wheat'standing in tho mill for gristing. After some argument on the part of counsel, His Honor decided to credit defendant with £8 lis for seconds stored m the mill, and the plaintiff was therefore entitled to judgment for £228 9s 3d, and costs £14175. "CmiswellvEiokdan. •

In the above caso considerable argument took place, Mr Bunny making application for a new trial.'

Mr Pownall, for respondent, contended that under section 198 of the Act it was competent for His Honor to grant a new trial without a jury. If a jury was empannelled to try the ense, costs should be guaranteed. Mr Bunny believed'that thouew trial was to be granted only on the question of percentage. It was impossible for Hiß Honor to give judgment for costs on the finding ot the jury. It was thoreforo necessity that a new trial should, be granted:on the whole case. The findings of the jury as a whole wore so dofeotive that it was ! impossible for His .Honor to give judgment on tho case. After further ciisoussiou, His Honor decided tograut a now trial unconditionally on tho question-of percentage. v Tho new trial will bo heard at the Bittings of the Court to be held next month. .