WELLINGTON SUPREME COURT.

Wairarapa Daily Times, Volume XIII, Issue 4294, 14 December 1892, Page 3

WELLINGTON SUPREME COURT.

Giuil Sittings.

(Boforo the Chief Justice and a special jury.) UUXTOH V. ItEETfUII,

This was a case in which Frederik Buxton, oivil and mining engineer, of Nelson, sought to recover from George Beetlmm, of Wellington, 4e sum of £IBB and interest thoroon the rateoiß percent., for services alleged to bavo been rendered. The statement of claim set forth that on Bth April last phinliff was retained by tho dcfendai t to inspect tho Parupira mine in the Colling, wood districted advise regarding the sarao; that the property was duly

inspected by plaintiff, the time occupied beiug 16 dayp, and plaintiff ad- * vised the defendent respecting it; , that the sum of £lO 10s a day for such services is a reasonable- amount of remuneration. The defenco is that the plaintiff Vfas not retained as alleged; that if ho did inspect and report on the Parapara mine ho did so voluntarily, gratuitously, and on his own account, and without any contract for or Somisu of remuneration or iewdby odefendant; and that he did not advise the defendant as to the Pmapara property. Mr Jelhcoe appeared for th" plaintiff, and Mr Hislop for the defendant. The evidence of the plaintiff was to-Ao efiVct that as ho was passing "through Wellington in April last on * his way from London to Nelson be was waited upon by Mr Beetharo, who asked him to inspect and report upon the Parapaia property, which was about to be offered to the public. He (plaintiff) agreed to accept a retainer from the defendant, and defendant saw him off on board the Grafton. The defendant and two brothers (Messrs 11. and W. Beetlwm) arrived in Nelson a few days later, and in company with a miner named Adams witness and the lieethams visited ! Taitapo. and Parapara, whore some dish prospects weio taken out. Sir James llccior, aocording to a report, bad repres-nted that the mine was worth £6,000,000, and to witness'

surprise tho defendant oxpressed an # anxiety to sell Adams' share in the venture for £250. Witness said' he thought it singular Adams should want to sell out, and suggested that defendant should buy it. Beetham said ho had already put £I,OOO concern, and did not feennclincd to invest any more, Beetham afterwards said that he should receive a flhare in Parapara, fully paid up, adding that his (Buxton's) report, backed up by his having taken a share, would help in iloatiog the company. Later on witness was in Nelson, and at tho hotel door a miner named Jinks said to Mr Beetham that it would cost lis to got every pennyweight:6f gold from Parapara, the value oi the gold being Sa

6d. Witness overboard the conversation, and Beethanj told him not to * mind what bad beef-said, as the man was drunk. During tho trip from Collingwood to Nelson Beetham said that he could not pay him any fees just at present, but would be willing to give him Adams' share for his trouble,

Colonel Gorton (who met the plaintiff in the steamer on tho way out from England), H. P. Higginson, O.E. (who made a report for the syndicate owning the Parapara inino), and the defendent, alsogave evidence, stated that he called upon the plaintiff in Wellington because he understood from Colonel Gorton that plaintiff had come out to

buy mining properties. Later on he

met the plaintiff in Nelson, and plain- * tiff broaohed the question of finances, Witness was taken aback, ami gave plaintiff distinctly to understand that the syndicate would not pay him anything for going to Parapara, as they already had sufficient reports. He expressed regret that plaintiff .should be out of pocket, and promised to accept him as his guest during the time he was at Parapara. After the visit to Parapara the plaintiff asked whether he could 6 join in the venture, Witness said he could not as tho whole of the capital had been subscribed, but he suggested that plaintiff might take Adams' share. Witness denied most positively what the plaintiff had alleged to have taken * place between them on tho steamer returning from Collingwood. TheMondant was cross-examined at cbrmltrable length. Mr Hislop having addressed the jury for the defence, Mr Jellicoe elected to tako a nonsuit, and his Honor entered up accordingly, with costs against the plaintiff.-Post.