SUPREME COURT.

Dominion, Volume 5, Issue 1270, 27 October 1911, Page 3

SUPREME COURT.

OVER A PICTURE THEATRE. HASTINGS CASE. In the Supremo Court rcstcrdny the Chief Justice (Sir Robert Stout) was cngagpil in hearing n motion relative to an action concerning a partnership iu n. picture- theatre at Hastings. T!ie parties were Frederick Charles Hartshorn and ■losoph Daniel Rivers, plaintiffs, ami Richard Sorcnson, defendant, all of Hastings. Mr. ir. D. Bell, ICC, with him Mr. E. J. litzgibbon, appeared for the plaintiffs, but the defendant was not represented. In the main action Hartshorn and Elvers prayed that tho Court should declare the partnership dissolved, that an account bo taken of the assets and liabilities of tho partnership, that the assets bo sold through the Court by a solicitor independent of the parties, that Uartshoru and Rivers and Sorcnson respectively have a right to tender for the assets, that Sorenson bo charged in taking the account with interest on his portion of the moneys which he ought to have provided from the date- when such moneys ought to havo been brought with the partnership account, that any snrnlus bo divided equally, and that in the meantime Ilartshorn and Rivers be appointed receivers and managers. In the statement of defence Sorenson denied that Hartshorn and Rivers had ovo- inado any request to him in regard to the moneys alleged to have been found by thorn. He ivas now, and always had been, ready and willing to nnil his share ol all moneys properly expended when a proper account was rendered to him. borenson' denied that his state of health was such as to incapacitate him from acting as a partner. He further denied that ho was unable to provide funds, and oontonded that if tho partnership were dissolved he would be involved in serious loss. What the Court was concerned with yesterday was a motion by Ilnrtshorn and Elvers for judgment on the ground that certain admissions established that the partnership between Hartshorn and Rivers and Sorenson was at will, and that the admissions entitled Hartshorn and Itivors to the decree asked for in the statement of claim. In the event of tho main action having to be heard, change of venue to Wellington was asked far. After partial hearing the motion was adjourned until to-day to admit of cortain affidavits being placed before the Court. COURT OF APPEAL. This morning the Court of Appeal will deliver reserved judgment in the following eases:—Piilgeon and others v. Norley; Rex v. Koakes; Tairoa Golden Hills v. M'Kanc end others; ro tho will of Allan M'Lean, deceased; and Schmidt and anothw v Greenwood.