LAW REPORTS.

Dominion, Volume 3, Issue 848, 21 June 1910, Page 9

LAW REPORTS.

SUPREME COURT. A CLAIM FOR ACCOUNTS. LEGAL POINTS. The case of Garnet IJylnnd Milne, sheep farmer, of Wellington, versus Charles John Olivecrona, wool buyer, of Wellington, was partially heard in the Supreme Court yesterday before the Chief Justice (Sir Robert Stout). At the trial, John Milne, father of o. ' li. Milne, was joined as plaintiff. Mr. C. I'. Skerrett, IC.C., with him Mr. J. L. Stout, appeared for the plaintiffs, ami Mr. E. F. Iladfield for tho defendant. Tho claim was for J!500. with interest amounting to «£IC2 18s., and for certain other monies, ranging upwards from a sum of .£250 (to Ire ' ascertained by account), John Milne alleging that Olivecrona was liable to repay to him s| ims advanced by him (John Milne) to a Dunedin firm of which G. R. Milne was originally a partner, and which Olivecrona subsequently joined. G. R. 10 , 1 matcly retired from the firm (which carried on business in wool and skins), and an agreement was made between «J°' m Milno and Olivecrona that the latter should carry on the business alone and pay the debts due to Milne. The defence was that .the agreement was conditional on Olivecrona being able to .finance in Sweden, and it was further urged that the agreement assumed that the profits of tho business would be sufficient to provide the renavments. A further defence relied upon alleged want, of consideration, as far as the claim for accounts by G. R.' Milne was concerned. His Honour ruled that the defendant should open the case, and, after .heanug counsel and the evidence of Olivecrona, reserved his decision on the question whether or not? there was a novation. If there was no novation, Mr. Skerrett would have a later opportunity of placing Ins evidence before the Court.