LAW REPORTS.

Dominion, Volume 3, Issue 694, 20 December 1909, Page 11

LAW REPORTS.

:... + . SUPREME COURT. THE:/'ZOO". AGAIN IN COURT. CLAIM K)R X2OOO DAMAGES. . ■ The case of Arthur E. : L.; Bertling versus John Norton was mentioned before: Mr. Justice :• Chapman ill, Chambers on. Saturday, morning. Plftinti/f claimcd J3200Q. damttses; for - certain alleged reflections 6n him in regard to his conduct of the Zoo at ,Newtown Park, published in defendanl J s newspaper. 3lr. P. Bl Sharp appeared for plaintjff, and Mr. A. Dunn 1 for ' defendant. Plaintiff submitted five interrogatories'for defendant to answer, two of vrhich were: "Who 13 the writer of the article?" and "What is the circulation of the paper?" The ease may come on for hearing at the TebruaSy sittings of the Court. . A DISPUTED LAND TRANSACTION. In tho Banco case, Harry Crump versus Alexander Arthur Reynell, heard- abotit; a month ago, reserved. judgment was delivered by Mr. Justice Chapman on Saturday. . Air. Hislop appeared.for 1 Crump (plaintiff), and Mr. Myers for Reynell (defendant). ; Plaintiff, at the hearing, had alleged that; in May last, he received £ memorandum from Reynell offering to buy certain lands, in the city for Ji7CO, A deposit of SSZ was paid, but some diiys later, .Reynell notified'Crunlp thatho would , not complete the purchase. Claim -wasmade for specific performance. The defence was that Crump was not in a position , to deduce such a titlo to the land as Utynell, under the agreement, was bound to accept.. . ' . Judgment was given for defendant, with costs as.per scale as if: i2OO-were.in dispute, witnessed expenses and disbursements to be fixed by tho registrar. Costs of the second ■ day were; allowed,- and fixed at six. guineas. ; DIVISION OF .AN" KSTATE. A revision of tho bequests in the will of tho late James Allardice was sought in a Banco case, heard by Mr. Justice Chapman three weeks ago, in which judgment was delivered 011 Saturday morning.•. The plaintiffs: were: Elizabeth j Allardice, Eliza ' Marion Hawkins, Albert William Allardice, Ada Elizabeth Hall, Henry ;George I'rederick Allardice, and Helena Laura Jane Haselden; and the defendants were: Agnes Allardice aid Thomas Henry Gordon Uoyd (executors and trustees of the will 6f,the late James Allardice).'. . . ', .'Proceedings were, in the .form of'an originating: summons, the case being bronght under the'l'amily .Protection ;Act. It was alleged • that the. testator, who had married twice, had. not-made adequate provision for his first family. . . Mr. C.-: P. Skerrett,. K.C., • with him Mr. S. ■ A.i Atkinson, • appeared fot. plaintiffs (the first family). Mr..D..M: Findlay for tho .exec'utors, and Air. F. B. Sharp for the -six 'infant >: members'of . the second family. • The Court refused to grant - the ofder-asked for; giving judgment for defendants. An order was made;that 'costs of the infants.-and'trus-tees (defendants) should ■ bo paid "out of the ■ estate, as,between soliciter and'client, and the settlement of :plaintiffs'. ; costs Was leserved.:-v, A DECREE MADE ABSOLUTE. - In Chambers on Saturday.morning,: Mr. Jus-, fice Chapman granted a decree absolute in the divorco suit,/ Jane Ethel -Ryan v.-Charles W. C.,Ryan. Mr. R. B. Williams appeared for pstitioiier, a lid Mr.;H.O'Lenry for respondent. ; In, resp-onse to a request of ;Mr. Williams, his : Honour .made an order giving petitioner custody of tho child, and requiring the.respondent to;: pay il per week, aumoiiy, . until- ofderld otherwise. . ■ ■ , • A DISPUTED EXCHANGE OF LAND. - Judgment was also given by' Mr. Justice Chapman'.in .tho'Mnstertop. case, heard on Friday, Frederick John Dillon, farmer, of-Matarawa (plaintiff), : versus Jcfee settler;; of Stratford, and -Dalgety arid Company, Limited,' : of Wellington (defendants). , . - . . •Mr. Hi' C.\Eobihsoni :of; Mastertbrii appeared ' for plaintiff,: Mr.\A.. Gray-and Mr. H. ;R. ; Cooper (of-Palmerston) for defendant Hills, and. Mr.. D. ! K. :Lf)gan (of Masterton) for .the de- - -fendiinfc: company. f. s"i,.v .V v'-r-fii.---'>■' • This w;as an priginatinf;.summons asking tlie Court , to d&ide,, inter -'alia, "whether Jan rigree. mcnt' between plaintiff and' defendant constituted -a .valid" arid -'legal , agreement, \compell- . ing plaintiff .to-exchange his property.-for a lease, arid..whother. a lettdr.-'wntten-:by. plaintiff's solicitors - to - defendant -Hills .. was valid •as a rescission of the agreement. -. - - [ The decision of .the, Court was that' the con- : tract, had riot-been-,validly/Rescinded.;> Judg- ' mont would :be for plaintiff;' with costs, but • the costs of Dalgety and' Co. ■ would be borne by plaintiff. < -