p.2 THE ASSIZES
Friday, March 19th - The time of the court was occupied until nearly five o'clock with the suit of Fraser vs Downey, and a large number of witnesses were examined on both sides. It was the first case tried in Kingston under the new act which permits the dispensing with a jury in civil cases where both parties are agreed to that effect, leaving the decision to the judge. The services of Messrs. Campbell, Mowat and Macdonnell, were secured for the plaintiff, and Mr. James O'Reilly, Q.C., and Mr. Anderson, Q.C., were retained for the defense.
It was an action brought by Mr. Fraser, of the firm of Fraser and George, against Mr. Downey, and Mr. Fisher of Portsmouth, to enforce the payment of $700, claimed to be due for the schooner Eliza Fisher, built by plaintiff for defendants, and for which the sum of $7,200 was to have been paid. The defendants claimed that the vessel agreed upon for that sum was to have been A-1 class, which the vessel supplied was not, and that as they had already paid the sum of $3,500, and had also paid into court $3,000 in addition, they had paid all their indebtedness to defendant. His lordship's verdict was for the defendants, with leave for the plaintiff to apply to enter a nonsuit or a verdict for $500.
Consular Certificates - Important to Vessel Owners - [Ottawa Citizen]