MR. NODINE RELEASED

Dominion, Volume 4, Issue 995, 9 December 1910, Page 2

MR. NODINE RELEASED

A" COMPROMISE ARRANGED. "MISTAKEN SENSE OF DUTY." Mr. Charles Nodine was set free yesterday afternoon after spending about two months in the Terrace Gaol. Tho matters in dispute bitwcen Mr. James Alexander Hannah and Mr. Nodine have been settled by agreement, and the series of court cases in which the parties have been involved is now apparently ended. Mr. A. Dunn, counsol for Sir. Nodine, came into court at 2 o'clock yesterday and informed Mr. Justice Cooper that a settlement had been arrived at between the parties, with.a view to the release of his client from prison. A formal agreement had been signed, and he asked that it be filed with the Court. The claim for rent, ■£G7'i 17s. 'Id., in respect of tho premises ou Lanibton Quay, and defendant's eoun- I tor-claim for damages would be withdrawn. His client desired to express contrition for tho course of action ho had adopted, which had been dictated by a mistaken sense of. duty. Terms of Settlement. Tho terms of thn settlement arrived at arc as follow-.— (1) Mr. Nodine is to pay Mr. Hannah forthwith the sum of .£l2s.(the receipt of which was acknowledged). (2) Mr. Nodino is to consent to tho ' payment to Mr. Hannah of 43105 lodged as security in the previous action, Hannah v. Nodine, and Mr. Nodine is at his own cost and -expense to do such other .acts as may be necessary to entitle Mr. Hannah to . receive tho sum of .£lO5. (3) In consideration of such payments the- agreement and lease concerned in the action shall be and is hereby surrendered, and the parties hereto mutually release each other from all actions, claims, and demands whether for rent, damages, breach of contract, or in any other respect, ■ . which cither may have or claim to have against tho other in respect of the said agreement for lease, or in any wise in relation thereto, or any legal proceedings between the parties. (•1) Mr. Hannah to consent to" tho ' discharge of Mr. Nodino from the order- of attachment' issued against him. ' His Honour, without commenting en the matter, made an order in accordance with tho above terms, and instructed tho sheriff (Mr. D. G. A. Coeper) to literate the prisoner. 'Mr. Nodino was accordingly, set free the same afternoon. Story of the Case. The history of this interesting case is, briefly, as follows:—Robert Hannah, boot manufacturer (acting for his son, James Alexander Hannah), signed an agreement with Charles Nodine, ladies' tailor, whereby the latter was to lease the large premises on Lanibton Quay, near Hannah's present shop, for a term of five years from January last, at a rental of .£BOO a year. When the lease was drawn up by the legal'firm of-Chapman, Skcrrett, Wylie, and Tripp, Nodine refused to sign it, and, in the course of subsequent Court proceedings (including a prosecution of Nodino for perjury), Nodine alleged that the agreement containing instructions for the framing of the lease had been forged, by the insertion of certain clauses which he- had not agreed to. The jury in tho criminal trial found that Nodine had no reasonable ground for concluding that tho document was a forgery, but, deciding that ho honestly- believed what he had said, acquitted him on tho perjury charge. Nodino gavo notice of his intention to appeal from tho decision of the Chief Justice" (Sir Robert Stout) in the original civil case, as the result of which Nodine was ordered specifically to perform tho agreement he had entered into to accept tho lease, but the appeal was not proceeded with. Meantime Nodino had still .refused to sign the lenss drawn itn in .'accordance with tho instructions of the Court, and tho lease, not being-executed, Hannah, was unable to sue at law for tho recovery of back rent. Nodino did not go into occupation of the premises, which. remained empty. When Nodine absolutely refused to execute the lease, the Court ordered the issue of a writ of attachment, but made a provision that the writ should lie in the Supreme Court office for seven days "to allow Mr. Nodine to come to his senses." The lease being still unsigned, Nodine was brought before their Honours Justices . Edwards and Cooper on October 11, and sentenced to three months' imprisonment, with the proviso that if he complied sooner with the order of tho Court he. would 1m thereupon released. It was further indicated that, after the defendant had been two,months in prison, the: Court could order the Registrar' to'sign the lease, with the same effect as if it had been signed by the defendant. Mr. Nodine, as already stated, went to gaol, and remained there until yesterday'afternoon.' In the meantime, the fresh action by Hannah, claiming ,£G7-1 17s. 4d. for rent, was commenced, and the defendant counter-claimed for damages by misrepresentation and breach of contract, but before the hearing these cases wero settled as' above recorded.