THE HOLMES-ALLEN TROLLYHEAD.

Dominion, Volume 2, Issue 613, 16 September 1909, Page 3

THE HOLMES-ALLEN TROLLYHEAD.

AN INTERESTING ACTION. .'V . An action of interest to Now' Zealand was . .hoard by Mr.. Justico Joyce in the Chancery Division (says tho'Auckland "Herald's" correspondent, writing on August, G); when William Frederick Barnard Brown and John Burgess, of' Wellington, brought an action against-Garnet Bowen . Holmes and Arthur Dunscombe Allen, trading as tho "Holmes and "Allen Trolly-Heads," of Wellington, to obtain a declaration that the; plaintiffs were entitled to eleven-fiftieths shares of..'the world's rights in tlio.Holmes and: Allen trolly-heads. . ■ Mr; Hughes, ' K.C., ~ who appeared; ••for .plaintiffs, said the plaintiffs woro the . agents aud the- defendants were the patentees. Tho agents paid down .£1250, and obtained the sole right of selling the British' patent and that of certain foreign countries. By paragraph 5 it was provided that the defendants should 'execute in favour.of tho. agents - a power of. attorney irrevocable for at least 12 months, and under clause li it' was provided that if tho agents should, fail on. or beforo July 30, lOCS, to completo' a binding agreement for the sale of the patent rights in any country,' or should , fail to make reasonable personal efforts to do 1 so, then the defendants might rovoko tho power i of attorney. ; In January, 1908, a fresh-, agree-. 'ment was entered--into. Holmes,; Brown,: and Burgess .met at Holmes's rooms in... Russell ■ 'Square, and. after .a long discussion Holmes wrote the following letter, which lie signed and, which was accepted by Brown ' and. Burgess:— ■ ■ "January .7, 1908.—T0 Messrs. Brown - and . Burgess, London: Dear Sirs,—Following up our'couversaion of this; afternoon as . regards tho amalgamation of the world's rights of the Holmes and ' Allen trolly-heads, '.we agree to give you eleven-fiftieths, of tlio world's rights in exchange for your presont, interest, as under . agreement Juno U, 1(107. It being understood that you'ivill continue to work ivith us.—Yours ■faithfully, Garnet Holmes." , ' -•Mr.. Justice Joyce said -it was purely a question of the construction of- this document, and, after hearing evidence and counsel on both sides he gave judgment for plaintiffs. His Lordship thought that it was tho intention of the parties that "the i plaintiffs s should get eleven-fiftieths of the world's rights in all theso inventions, and that tho agreement of June 14; 1907, should be superseded and-.put'an end to. ,The procedure of the parties was consistent with the : view Jlis -Lordship had taken, and was inconsistent with the view which the .defendants put forward. Plaintiffs wcro 'entitled to the declaration 1 mentioned. Tho-plaintiffs'wore awarded costs. It will be remembered that the- Wellington City Council purchased the local rights of the Holmes-Allen trolly-head, after several ; exhaustive trials. Air. Garnet Holmes is a son of Mr. Jolm Holmes, a' Wellington merchant, and-Mr. Arthur Allen was a draughtsman in tho. tramways department of tho Wellington City Council. • •