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THE COURTS.

SUPREME COURT. • CIVIL SESSIONS. (Before his Honour Mr Justice Sim.) A DISPUTED POLICY. The New Zealand Insurance Company (Mr Alpers) claimed from Derek J£. Thornton (Mr Twyneham) and the Tyneside Proprietary Company, Ltd. (Mr Wright) the sum of £-31 17s lld> alleged to- be unpaid premium of an accident insurance policy issued to the defendant company. Mr Alpers, in opening the case at some length, said that there were two adjoining mines on the "West Coast, known as the Brunnor and the North Brunner. The former was now and at the time to "which the action related, the property of the Tyneside Proprietary Company, which had its headquarters- in "Wellington, with one of i ~ directors —Mr Lynch, the \\ esit Coa director—resident in Greymouth. J.ne North Brunner mine was some years ago the property of the North Brunner Coal Company, which in 1012 went into liquidation, for the purpose o reconstructinp itself, and it the became combined with the Brunner Collieries, Ltd-, an Imperial company domiciled in . England. In 1912 the Brunner colleries had become possessed of an option to purchase from the Tyneside Co. the Brunner mine. Various financial difficulties led to the extension of the option- The defendant, Thornton, arrived in New Zealand in May, 1912, in a dual capacity, being a director of the company and holding the power of attorney of the company, and also the attorney of the debenture holders. An arrangement was made between.him and the Tyneside proprietors, whereby the latter company, the vendors under the option, should continue to work the Bruniier mine for and on account of the Brunner Collieries, Ltd., untij such time as that company should exercise its option. It was further agreed between Mr Thornton and Mr Lynch that the Tyneside Proprietary should find the necessary moneys to finance the working of the North Brunner mine and be appointed the selling agents for the output of that mine- In June, 1912, the defendant, Thornton, as agent of the Tyneside Proprietary, Ltd., signed a proposal on behalf of that company that the plaintiff ;company should issue an accident policy in respect of the employees of the North Brunner mine. Tho policy was issued, the wages paid to the workers being estimated at • and a premium of £14, being at the rate of 56s per cent., was paid by the .defendant company. During the period covered by the policy, compensation was paid In thirteen cases of accident, amounting in all to £72 9_s 9d, the compensation being paid in some cases direct to the Tyneside Company, and in • other cases to the men injured at the • request and with the knowledge of that company. During that period the defendant company paid to workers at the mine the sum of £8781 18s 7d, an excess over the estimated amount of wages of £8281 18s 7d. By the terms of the policy the defendant company wa s Miable for a further premium, at the same rate on this excess, which worked out to £231 17s lid,! the amount of the claim. The Tyneside Proprietary, however, had denied that tho defendant Thornton was authorised as it 3 agent to make the contract, and had -repudiated the contract.

The questions to be decided, his Honour. remarked, were, firstly, was Thornton authorised to enter into the contract and, secondly, was his action subsequently ratified by the k defendant company.

The evidence of William Bolam. D. E. Thornton. E. G. Pilcher, R. Allison, and T>. Lynch had been taken when the Court .adjourned till this morning.

MAGISTERIAL. (Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS. A first offender was fined ss, or in default 24 hours' imprisonment. Another, who promised to go back to shearing, was convicted and discharged. DISCHARGING FIREARMS. Harold Ernest Fenton. charged with discharging firearms in the North Park, was fined 20s and costs. ALLEGED EMBEZZLEMENT. George Berry Ritchie, solicitor, "on three charges of embezzlement, was further remanded till tho 24th instant, the police .stating that they might have to apply for a further remand on that date. SHOPS AND OFFICES ACT. J. H. Seymour, charged with having kept three employees on. his shop premises after closing time, was fined 60s and costs. SCHOOL ATTENDANCE CASES. R. Henderson, charged with failing to send his child to school, was fined 10s and costs. Thomas Mooney, charged with not sending, two children to school, did not appear, arid the cases were adjourned till December 15th. R. Palmer, charged witli a like offence, was represented by his wife, land at her request the case was adjourned till December 15th. MAINTENANCE. Mr Gresson appeared for John Barclay, a farmer at Rakaia, and asked that an • order made against him for the sum of £1 per week should be varied. After hearing considerable evidence, the Bench decided to reduce the order to 15s per week. DEFENCE CASES. Leonard Austin and Walter Austin, charged with failing to register, were each fined 40s and costs. Frederick Ford, for not attending drill, was fined 20s and costs. Hugh Flaherty, charged with failing to attend drill, did not appear, and was fined 15s and costs. Huia Henry Shaw, charged with failing to attend drill and whose case had been adjourned, on account of his claim that he was over 25 year s of age, was fined £5, and ordered to forfeit his civil rights. (Before Messrs F. Anderson and W. C. Cleary. J.P.'s-) THEFT. Thomas Williams, on a charge of having stolen a pair of blinkers, valued at 15s, tho property of the Lyttelton Borough Council, was convicted and fined 20s. ASHBURTON. T~ (Before Mr V. G. Day, S.M.) Walter Thomas was fined 10s and costs for driving without lights. John Blackler was ordered to pay costs for failing to have a light placed on an obstruction in the roaa. Donald McDonald, B. G. Barnard, Wm. Gillies, Rowland Foster, and Lawrence Fechney were each fined 20s and costs for driving motor-cars too fast. John A. Ralston was fined a like amount for riding a motor-cycle too fast. Charles Campbell, for whom Mr Buchanan appeared, was charged with receiving stolen property, including a magneto valued at £15, and a coil valued at £3, whic4 had been removed from a motorcar, the property of G. H. Parson. A fine of £3, with 35s witnesses' expenses, was imposed. Judgment for plaintiff given in McDonald and Dunlop (Mr Kennedy) v. G. Stringfellow,>£6 os; Canterbury • Petroleum Companv (Mr Buchanan) v. J. Dolan, £1 7s and costs and expenses; Frost (Mr Kennedy} v. G. McLean, £6 ' Is Id and costs, £1 3s 6d. THEFT. I (fbess association TELEGRAMS.} 1 WELLINGTON, November 17. In the Supreme Court. George A.

Webster for theft of moneys from the Upper Hutt Town Board, of which Vhe was clQrk, was sentenced to eight months' imprisonment in Waipoa prison camp.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/CHP19161118.2.4

Bibliographic details

Press, Volume LII, Issue 15751, 18 November 1916, Page 2

Word Count
1,136

THE COURTS. Press, Volume LII, Issue 15751, 18 November 1916, Page 2

THE COURTS. Press, Volume LII, Issue 15751, 18 November 1916, Page 2