TELEGRAPHIC.

Wairarapa Daily Times, Volume XIII, Issue 4055, 5 March 1892, Page 3

TELEGRAPHIC.

[Per Press Association,] to Interesting liw-Suit. Ciiristchueoh, March 4. Yesterday Mr Justice Denniston gave judgment in the oase of v. Freer, an action arising if,- S.'CJrlfson.. Freer had %■ agreed to sell to McGrath free from encumbrances, a parcel of land. They , agreed to entrust Mr Gresson with the transaction. The -land was Bubject to a mortgage. This fact the plaintiff said was unknown to him. To obtain the purchase money the plaintiff required, to, mortgage the land, ,Tl)is,the defendant knew,-as ' it' ;jyas agreed that tiparfe'-of' the purchase money was to be secured on second'' mortgage'; 1 At' plaintiff's request Mr Gresson undettodlc' to obtain the amoiint lrom clients of.his owii." Mr ffre'Sson ■ jjijjj'veyatise, ih'd plaintiff {he mortgage, and an order to the proposed mortgagee to pay the proceeds to Mr Gresson who took the deed and order

to his clients, and obtained tlio amount of tbo mortgage money, which he paid into liia own account at his bank, He subsequently furnished defendant with an accouut in which ho credited him with the purchase money,, and debited him with tho principal, and interest of the two mortgages. The result wns a small balance in defendant's favour, whioh Gresson accounted for as paid. HejUid not pay off the mortgages or any part of them, but appropriated to bis own use moneys lie had represented as having been used to pay the mortgages. Plaintiff, finding tho mortgages uupiid, now brought this aotion to recover their amount from defendant on his covenant against the encumbrances. Defendant, in effect, set up the before mentioned facts as answer to the action, and counter-claimed for tho balance of the purchase money, less the amount paid to liiin by Gresson, Mr Justice Denuslni gave judgment for the defendant, t-ui dismissed the counter claim as being really only an alternative to tho defence, "Wrestling Match. Dunedin, March 4. A wrestling match for £25 a-side came off to-night in the Circus between Eugene Kneebone.of Australia, and Harry Dunn. The match was two out of three, in three styles, Kneebone won in the catch-aa-catch • can styles, and secured one fall in the Cumberland stylo; Dunn, however, secured the other two falls, and also won the collar and''elbow style and the stakes,