CUUUPREME COURT.

Press, Volume XLVIII, Issue 14525, 29 November 1912, Page 2

CUUUPREME COURT.

CIVIL SITTINGS.

(Before his Honour Mr Justice Denniston.) HOPKINS v. FRENCH. A claim for £159, for commission, etc., in respect of tho transfer of property was made by William Allan Hoptoad (Mr H. H. Lougnnan), against Jolin Frederick French (Mr. 0. T. J. Alpers).

His Honour, raised the question "that a defence had not been filed in this Court. The case had been, removed from the Magistrate's Court and although tlie defendant is not required to file a statement of defence in that court, the defendant is bound in tho Supreme Court to fiio a statement of defence."

In outlining his casb Mr Alpers.said the action arose out' of a transaction which rather than a sale amounted to an exchange of farms. Tho defendant owned a farm and he commissioned W. A. Hopkins to sell- the property. Evidently Hopkins effected an exchange. The exchange" was to bo the properties owned by French and Parker.

John Frederick French said that'ho put his property in the hands of Hopliina, who eventually arranged an exchnnge. Witness owned a farm in Canterbury and Parker's property was in tho North Island. But it was proj<posed that eventually witness should take up a farm in "the Mataura district and the exchange was only a temporary arrangement. His Honour observed that the exchange only acted as a stepping stono to something else. While the matter hnd nothing to do with the case, his. Honour said it was an interesting sidelight.

Continuing witness said ho had known Hopkins for some time. He had been on very friendly terms with Hopkins and he fully trusted him. Further evidence was given by Roy Twyneham, after which the case was briefly dealt with by counsel. His Honour allowed an item of £70 Os 10d in the claim, being tho money paid to Parker, who had purchased plaintiff's farm. On the matters relating to costs and commission His Honour reserved his decision.

IN BANCO.

The interpretation of a will waa the subject of the action between Victor C. Ashworth (Mr Leathern) and Sarah Lister (Mr Grcsson). After hearinc: argument his Honour reserved his decision. The ca?e Edward McGowan and four others (Mr G. T. Weston) v Stephen Shont and Frederick Horrell (Mr Kirkpatrick) centred on a deed of settlement and the plaintiffs, each of whom is over 21 years old, sought to ascertain if tho trustees could now divide the settled property between the five plaintiffs. Decision was reserved.

IS CHAMBERS.

Sitting in Chambers, his Hbnour Mr Justice Denmston granted nrobates in the estates of Jessie Cameron (Mr Middleton). Louisa Cheventer (Mr Hamilton). John Fowler (Mr Buchanan). W^ o ™*^? ,, <M / Nicliolls), Isabella W.lson (Mr Meares). Edward Jo% ( -\lf ? ane Eliza S.ivill (Mr.W. L. D. Bishop). Letters of administration wore granted the estate of William -Maxlin (Mr Walton).