SUPREME COURT.

Press, Volume LIII, Issue 9596, 10 December 1896, Page 3

SUPREME COURT.

IN BANCO.

WSDKKSDAY, DUCKMBEB, 9. (Before his Honour Mr Justice Denniston.) His Honour took his seat at 11 a.m. M'PBR-RAN V MARTIAN. This was an appeal from a decision of Mr R. Beetham, S.M., in ths Magistrate's Court, Christchurch. The appellant was James McFerrau, of Christchurch, clerk, who was defendant in tho Court below, and ' the respondent Wm. McFerrau, of Christi'church, carpenter. Tho respondent had sued the appellant for £3 damages, for j alleged breach of agreement, under which I the appellant had agreed to allow the respondent to reside iv ;i certain house in Christchurch, and maintain him there in a i fit and proper manner. It was proved at I the hearing before the magistrate that the appellant ond John McFerran, the third party to the agreement, wcro [ sons of the respondent; that the appellant ' and respondent, up to September Ist, 1896, had resided together, but tho respondent was, to the knowledge of tho appellant, of iutemperate habits when the agreement was entered into ; that the appellant had closed : the house and ceased to maintain the respondent on September Ist, 1896; that at tho date of the agreement, February 3rd, 1893, there was a mortgage of £100, with six months' back interest, owing on the property; that between the date of the agreement and September Ist, 1896, the appellant had purchased John McFerran's interest in the property, and had paid off the mortgage; the amount paid by the appellant in connection with the property, exclxisive of the maintenance of tlve respondent, was about £200—the value of the property was about £150 and the respondent had not been a part}' to the purchase ; that the appellant was an infant at the -time of entering into the agreement, and had come of age on May 30th, 1893, and since then until September Ist, 1896, he had adopted and ratified the agreement and had contracted with John McFerran in consideration of £25 paid by appellant to indemnify him against any claims for maintenance which could be brought against him by the respondent. John McFerran had transferred his interest in tho property to the appellant, who was now the owner in fee. The Magistrate gave judgment for the respondent for £2 5s and £1 12s costs, and the question for the opinion of the Supreme Court was whether the Magistrate's decision was right in point of law. Mr Kippenberger appeared for the appellant, and Mr Russell for the respondent. Argument was heard, and His Honour took time to consider. QEARSCHAWSKI V LANGB. On the application of Mr Cresswell, this case, which was a motion for leave to issue a writ of attachment, was adjourned.