COURT OF APPEAL.

Dominion, Volume 4, Issue 1186, 22 July 1911, Page 6

COURT OF APPEAL.

THE NASH-DOUGHTY CASE. The whole'of yesterday," afternoon, as well as «n hour in tho morning, was occupied V- tho 'Court of Appeal in hearing argument in' the caso'Wm'. TKury Nash (iLr. Jlorison) v. Gcorgo, Doughty and Co. (Mr. Dalziell). Tho case was still proceeding when the Court rose. SALE OF AN HOTEL.

Judgment was given by the Court of Appeal yesterday in tho case J. K. Stausell v. Maston and Austin, which occupied the- attention of the Court a short timo ago. The foundation of tho case of 'tho.-respondents, (plaintiffs in the Court below-)' , rested on the allegation that appellant really agreed to sell a. property known as Whyte's Hotel, I'oxton, for tho sum of iCGOOO, that when the real agreement was Jput into,writing's mistake was mnde - and-parfc-of"tho property 'excluded, also-thaMlie«-coiivoyani.'e-of-'the-*]and was mado in accordance with that mistaken agreement, 'i'ho plaintiffs (respondent?) asked either for a rectification of the written contract, or for specific performance oJ the oral agreement, so that tho part of the property not transferred should bo transferred. Dnmages were also asked'for neglect to complete the contract. The appellant denied that the oral • agreement was for the sale of the property as a whole; but only for the part mentioned in tlio written agreement. After setting out,tho facts and the law at considerable length, the Chief Justice said he was of opinion that tho appeal of tho defendant failed, .and should be dismissed with costs on the middle* scale. As to the cross appeal, it-appeared to his Honour that the; delay was 'not wholly caused by defendant.' There..was.delay because of negotiations between ■ tho -parties, and ho saw no 'reasonV-irhy ."'daffliigos Deed bo awarded. The cross apjeal should be dismissed with costs .£3 as. The other judges concerned concurred. . ■ Mr:. , 11. D. Bell. K.C., with him Mr. Mcnteath, aopoared for appellant, and Mr. C.H. Treadwell for the respondents. ~ ! ! TWO DOCUMENTS IN ONE. The Pull Court gave its decision yester-' day in tho case of James 11 'Donald, of 'Hamilton, labourer,' deceased, who had executed a document containing within itself a power of attorney and a'direction as to the disposal of his property, after his death.'. The Court was asked-'could such a document bo regarded in whole, or in.party as a will. 3 .. -:-.-r--7.'4 ; Tho document boro date 1302, and was executed in coxformity with the Will Act, 1837. It was headed as a deed poll—tho usual form for powers of at- .... torney, and it appointed *tho ■ Ecv. Henry Mason, of Ihintly, William Vant, of jS'garuawahia, and Edward Hall, of tho same place, to be deceased's attorneys to sell all his property with full general powers and apply the proceeds i'or his benefit, and if any surplus were in their hands to expend and apply a competent part in and about his funeral and testamentary expenses, and to pay the balance to his brother Thomas M'Douald, and if he should bo dead, to pay tho balance for the benefit and advantage of the Episcopal and Wesleyan Churches in Ngaruawahia in equal ' ' 'shares.' Deceased further directed the -powers to bo irrevocable. He died in October, 190G, in the Hamilton Hospital, having been au inmate of tho Waikato Old Men's Home. His estate was Valued at .£IGO

The attorneys. never acted under the document in question, Ono of them, ■ Mr. Hall, died before-'M'Donald, and at the latter's death tho estate con- ; Mated of laud and cash in tho . Savings . Bank.' Deceased's brother,. Thomas "Jl'DonaUl, predeceased'him, and the ■ next of kin were not Inimvn. The attorneys on- the -assumption that they <rerc executors, according to the tenor, appointed the Public Trustee in their place. Application was made on be- ' half of the' Public Trustee to Mr. Justice Cooper for a grant of prohate, but after-hearing argument his Honour reserved the whole question for argument before the Full Court. Justices Dcimiston, Edwards, Chapman, and Sim agreed that administration and probato should be granted, and tho Chief Justico dissented. Tho majority verdict was entered. Mr. J.'W. Mncdonald appeared on be. half of tho Public Trustee. PALMERSTON DAY BY DAY. - ■ _ i d __- fßy Tfilecraub.—Snccial Correspondent.* \ Palmerston North, July '21. 'A' movement is afcot for tho labour Unions in I'almcrston to celebrate Day by a demonstration. Mr. C. Pike has been admitted to tho hospital with a broken leg,, the; result of a f nil while indulging iu -practice at the local gymnasium. . '.r« ' It is reported that tho block of buildings known as the L'.F.C.A., in the Square has choused hands, the price, rraid for it being .£IB,OOO. The new owuor-is n local resident with largo interests"iit Squaro properties. Mi , . D. Buicfe, M.P., met a'deputation from tins local Xo-Licenso League yesterday. In reply io a query as to wnrthor lie would support a Bill in favour of thebare majority foe local and Dominion prohibition, Mr. Buiek replied in tho negative .stating that hs was iu.! favour of tho substantial majority of three-fifths, which was necessary to make tho polLpermanent, otherwise, thoro woitld be/ Constant turmoil. Asked if ho was in fa-rour of Dominion prohibition, his reply .was that he. preferred Dominion prohibition to local. A further question was then put: ".If Domimou prohibition is cnwjcdj are you in favour of making it absolute?" Mr. Bliick Tep'lied that he was. If prohibition was carried, it was only right that they should b? without liquor. The locnl fire brigade, which had an em-llcnt library in the old station buildings, but fur which thero was no room in the now station, sold the grcnter portion of the books, and part of the proceeds were devoted to All Saints' Children's Home, a sum of .£33 being handed over to Hip, trustees of the home, together with tho balance of the books. loyal Manawatu Lodge of Oddfellows held it' fortnightly meeting last night, N.G. Bro. W. J , !. Mafhcson presiding. Three new members were initiated, and several others proposed, nml a quantity of routine business was transacted. At the weekly meeting of the Literary and Debating Society last night, Mr. K. M'Nab ga.vo an interesting address on "The Early Whaling Days of New Zealand." The-Mayor (Mr. J. A. Kash) presided, and, at the conclusion of tho lecture, Mr. M'Nab was accorded a vote of thanks. A veterinary lecture was given by Mr. Rait yesterday afternoon at Messrs. Abraham, and Williams' horse bazaar, under the auspices of tho Mnnawatu A. and P. Association. There was a large attendance of farmers, and tho lecture proved most instructive, be-ins illustrated with lautern Elides,