THE COURTS.

Press, Volume LIX, Issue 17922, 16 November 1923, Page 6

THE COURTS.

SUPREME COURT. CIVIL SITTINGS. (Before his Honour Mr Justice Adams.) SETTLED OUT OF COURT. The case in which Mrs A. Bainbow claimed liability for expenses in the renovation of a. house property from AViiired Stuart Godfrey as executor ci the estate cf Joshua. Little was settled out of Court. The case had been adjourned from Wednesday. In 1910 the plaintiff borrowed £l5O- from. Little on a mortgage and in May last offered £135 as settlement of principal and interest. Plaintiff sought a release from the mortgage. Mr M. J. Gresson, who appeared for the plaintiff, said that the case had been settled. Judgment should be given for the defendant for £75 7s 6d in addition to the Bum of £135 14 s 4d secured by mortgage. Plaintiff should be at liberty to redeem the mort- ° Mr 0. T. J. Alpers, for the defendant, said that the parties had agreed to such an arrangement. His Honour grave judgment accordingly, remarking that it seemed the most equitable settlement. A QUESTION OP LIABILITY. : The Public Trustee as .executor of the will of Robert McConnel, solicitor, who died on February 3rd, 1922, eued the testator's sons, Henry McConnel, Auckland, farmer Ernest A. McConnel, Kamarama, Auckland, and Alexander D. McConnel, Hunua., farmer, for their liability in their father's estate. The statement of claim set out that testator had advanced sums of money to his sons, charging them interest in connexion with a farm°at Hunua and with farming operations. The personnel of the brothers' partnership bod changed and the business was finally carried on by Alexander D. McConnel only. The sum of £8034 18s 7d was due to the Public Trustee with interest from February 3rd, 1922. The question the Court was asked to decide was what sums were owing by:—(1) The three defendants iointlv in respect to advances made by the testator to them jointly, (2) Ernest A. McConnel and Alexander D. McConnsl jointly; (3) by Alexander D. McConnel in respect to sums advanced to him personally. The Public Trustee also for judgment against the brothers, for sums found to be owing bv them jointly and individually. Mr O. T. J. Alters appeared for thePublic Trustee. Mr "W. J. Sim for Henry McConnel. and Mr K. M. Gresson for Ernest McConnel, and; Mr A. T. Donnelly for Donald McConnel. • Mr Alpers outlined the case. He said it had been brought forward to e'ear up. the indebtedness of an estate and elucidate a. difficult position. The testitor, McConnel, had ten children. In 1912 two sons were put on a farm at Hunua. McConnel paying for the form, interest and onteoin<rs. Some refund-, had been mnde by the sons from sales of stock. The title of the farm had been tn.ken m the names of Henry J and Ernept McConnel. When Donald joined, a transfer of title was made from the two men to the three. The father had recorded expenses he had incurred against, the farm, including oranges he had purchased at Palmerston North and lunches on the journey. In 1915 Henry went out of partnership and a. document of dissolution waj drawn up. Counsel gave details showing how accounts were kept. Under the testator's will each son was given a' life interest in the tenth shire, and under a marriage settlement each received £I3CO in cash. If they were debited with the amount due it wowld mean that it would absorb the interest under the will.. The net result would be that the men who had been working on the farm for years would go without taking anything. ', Tho Public Trustee had brought the _ case because there were seven other beneficiaries to be protected. . James Scott, who had been twenty-five years as a law clerk in Robert McConnel's office, said that the three eons had always been absohitely under the father's control and could not buy anything without consulting him. Mr Donnelly, for Donald A. McConnel, said that if the action succeeded his client would be in a difficult position as he would shoulder the liability. ■ The father'had purchased the farm arid sent Dbnald and Ernest there to work for* 30s a ; week and keep. After a few years it was found that" the farm could not be carried on with three families on it, Henry went out and later Ernest, Donald being left to carry on with, the farm. Counsel isubmitted that the father was the owner of the farm and that in view of . the father'e . relationship • a« fihnncie.r, to;}, hie sons, ; there-.; was .no tract to . repay the ;mbney. The partnership of agreement had been drawn up by the father and signed by the sons as they signed any- document he dasined. When Donald carried on by himself the place had gone back considerably. The father hid told them to make it a dairy farm, but the country was unsuitable for dairying. If the farm had been tun polely by the sons there was little doubt that they would have left it sooner. • _ Mr Sim, for Henry McConnel, said that the relationship of debtor arid creditor had never been established between father and sons. If there was no indebtedness oh the sons' part the father absolutely released Henry McConnel from it when nominal partnership was dissolved in 1915. Mr Gresson, for Ernest McConnel. set un a similar defence on behalf of his client. The farm had been purchased while Donald ■was in Canterbury and he did not go up North until some time after. It could be reasonably inferred that Donald did not go as an owner. When he left the place_ there was no attempt to value his share in the farm. The defendants Donald, Ernest, and Henry McConnel gave evidence showing the conditions under which they had taken up work upon the farm at Hunua. Each defendant 'stated that he had understood the farm to belong to the father, who assumed control of affairs from the beginning. At this stage the case was adjourned until this morning.

MAGISTERIAL. • • / THURSDAY. (Before Mr. H. Y. Widdowson, S.M.) DRUNKENNESS. A statutory first offender was> convicted and fined 10s, in default 24 flours' imprisonment. i UNLAWFUL IMPLEMENT. Edward Martin Hand, 43 years of age, and Arthur fcuntii, aged b9 yeura, appeared jointly cuarged tnat tiiey were deemed rogues and vagaDonds, in ttiat tiiey were lounoj m possession, without lawiul excuse, of an implement lor the purpose of house-breaking. Ch'ie;t- Detective A. Cameron said that Hand mid been found on the stairway of the ■grandstand at the luccarton racecourse late on Wednesday night by the night-watch-man and the jommie had been found up his sleeve. A ; lock on one of the doors near where Hand had been- found was discovered to be broken. Smith was found a little way from where Hand was located. Nothing was previously known against Smith, but Hand had been convicted before on charges of breaking and entering and theft. Both accused pleaded guilty and admitted that they had been drinking rather'heavily, to which they attributed their downfall. The Magistrate remanded the case until Monday, to enable the police to make enquiries and to allow the Probation Officer to report on Smith. ALLEGED ROGUE AND VAGABOND. Frederick Harold Warren. 28 years of age, •was charged that he was deemed to be a rogue and a vagabond, in that he did impose upon a certain private individual, namely, Thomas Aspinall, by false representation, to' wit, that he was Moore, of Xaikoura, and. that money was coming to him by motor with a view of obtaining a benefit. Chief-Detective A. Cameron said that accused had said he would plead guilty. In the dock accused related a very disconnected story, and therefore., on the application of the Police, he was remanded to appear on. Wednesday next, so as to enable further enquiries to be made JOY-RIDER FINED. William Duncan ' Mcßaei 24 years of age, pleaded guilty to a charge that he did unlawfully and without colour of right, but not so as to be guilty of theft, convert to his own use an Overland motor, valued at j£2ooj the property of Arthur Conrad Palmer. Senior-Sergeant F. Lewin said that the car had been left by the plaintiff outside the Opawa Bowling Club, from where it had been removed, and it was next seen careering down another street in Opawa in charge of the accused. It was driven at a speed of about 36 to 40 miles an hour on the footpath, and iJ was brought to a. stop when it collided with a telegraph pole. The accused backed it from there, and it was again driven madly down the street, to be finally brought to rest in a gutter into which it had crashed. . The car had been damaged to the extent of £65. • The accused said: that he was. a railway clerk at Ashburton, and was down on leave. He had been employed by the Railway Department for about seven and a half years. He said that he was under the influenct of liquor at the time he committed "the offence. Both his parents were dead, and he had only £2 &s 4d in money. , In reply to the Magistrate, he euid he -would 1038 his position as a result of the occurrence. The Magistrate said that it was a. great pity that a man so young should have spoiled his good character is, such a waj. If it

•were not for tW.ifadt.;tHßtShe^ would lose'; his position withvshs':..&ailsay" lifter." seven and a half years' would hiy?,' had no, hesitation ' whntover.iii sending him'V '■to'"' gaol. He #as .jj.oflvicteii- 1 and fined the. maximum fine of £lO and costs,; with the alternative of two; months' , imprisohrnent. '■ •- • ■ CIVIL"' 'BUSINESS.: , , •;/ Judgment by' default was'given for the plaintiff in each of the following undefended cases:— ■ ■ * ■ .-" v C . -.,.'. • * ■:; W. Strange and Co., Ltd,sV. H.- Emanuel,..•! £ls; Christchurch City Council v. John Keen, £ll 8s 10d; same v. T. E. Hudson, £ll 7s 2d; same. V...Angus Gunn (> £24 3,6s 5d,;,Commissioner of Taxes 'y. -!W. J."; ; Lawßon, £2 Oa 2d; same v. Sarah E'. E. Rennie, £1 4a 6d; P. J. Vogol v. G. Senior,' £i 10s; C. A. Low v. J. Searle, £1 6s; Booth, Macdonald and Co., Ltdv.-v.'W. E.-Jones, £3 17s9d; -Beath and Co., Ltd. v. P. McCabe, £2l 4a 9d; N. A. Fraaer v. Patrick Carey, 17s 9d; National Mortgage and Agency. Co., Ltd. v. J. Groves, £6lss 9d; same v. J. A. O'Neill, £2 5s 6d; saiiio v;"W. J. Martin, £2 lOsj.eame vt F.,A.. i; Franks;- £l7 12s 9d;. same v, E. Campbell,£37 18s' 7d; H.,8. Soren'spn. v. : - : : C_., Drum- :• morid, '7a sd; W- : Strange and' Oo'.," ; G. Miles, ■ £l6 G,race-S.iiand'.;Ha,TJict;.; Flanagan v.. S. "Bi" Forsbutt, £7 ss; James' J. Niven and Co., Ltd. v. D. Cairns, £ll 3s;eame r. E. A. Gray, •Ltd! v. R. Stewart, £2;. same .y. H.'. E. Rlghton, £1 2s;' same v. T, .Trebilco.-friTs;' .Chxistchurch Gas, Coal and Coke. Co., Ltd.. ; .!£-.;E; '£2 4 donalda»d:.Co'., -sdc Hugh Palla v. J. and E. Hamilton,. £4B | 16s sd; Moller and Young, Ltd. y. .W. Sheerman, £4 4s sd; W. "H. CostellojV. T. P Kelly, £l.ss; E. W. Pidgen and Co. v. J. King, £24 7» 5d;D. Gurdler v. H. Boss, IBs; W. S. Seed v. G. F r Kempton,'£6 10s 6d; F. C. A'Courtv. L: Ford, £1 10s 6d; Windsor Manufacturing-'Co., Ltd. v. C. W. McCarthy, £l6 7s 9d; Trade Auxiliary Co. of N,Z. v.. A. 8.-Oliver, £6 Is 3d;. A. GHealing and Co. v.- J. D. Gyde, £ll 3896 V;' HP. Stevens v.'iß.Geddeß, £8 6s; Roydo Motors, Ltd. V. P. W. Wilkin, £155 2s,SdV No order was made in the case in which Joseph Tyson: sought to claim from James Miller the sum of £8 2s. ■ ■ No order was made in the case in. wnicn Barnet William Younger sought to; claim from James Scott the sum of £l9 ,9s. ■ NON-STJITED. Frederick .Hill and his- wife claimed from Yee Yeun, the' agent of the Chinese Republic in Christchurch, th«,sum of £l6. 12s 9d by wav of board, and \jpdg in es for the daughter osr Mrs 'Hill. Yee Yeun had, in a previous action,' been adjudged the father ' of the girl's illegitimate child, and in the present action they sought for the amount claimed a 9 board and lodgings of the girl up to the' time of s her confinement. Frederick Hill, the Btep-father of v the girl, said that Yee Yeun had made, a promise to him in the presence of h's. wife that he 'would pay 'for fhe daughters expenseswhiio ehe was boarding / with - her Ye© Yeun denied .'that he had mad© the. promise. - ...'" . ' u*•-a l The Magistrate said that he was not satisfied j with the evidence of the plaintiffs, and non- ■• suited them with costs. [

IN OTHER PLACES. SENTENCES AT NAPIER. ' (PBESS ASSOCIATION . TKMGBAH.) NAPIER/November .16..' At the opening of the Supreme Court Mr Justice Beed congratulated the district on the small amount of crime. : Lena, Clapperton r on, a charge of theft of a handbag, was sentenced to 12 months reformative detention. Paul Mum,- who pieadei guilty in the Lower Court to four charges of forgery and false pretences was sentenced to 12 months' reformative treatment, and Edgar Eddy, for forgery of a signature to an engagement notice which he forwarded to the "Daily Telegraph was fined £2O, in default two months imprisonment.