A BENEFIT FUND.

Evening Post, Volume LXXIV, Issue 66, 14 September 1907, Page 5

A BENEFIT FUND.

COURT PROCEEDINGS. There are some interesting features about litigation afc present in progress betw een the Xew Zealand Times .Corapauy, Ltd.. nntl James Brett, usher at the Opera House. Spme months ago BrelL was brutally handled at the theatre by a man, who threw lnjn down tho stain: and theu made off. I'or vreeks .afterwards Urelt was in such a serious condition that it was thought he would be permanently disabled. If in - friends ullied round him, and by public subscription and entertainment raised about £250 odd net to assist him Three members of a general committee np J pointed m connection with the raising of the money were elected as trustees of tho fund, and, subject to tho control of the general committee mid certain ipecilic conditions, were given power to deal with the money as they thought beat. Brett made a demand on Iho tiustses fop tho payment of the whole of the proceeds. The trueteea refused, but offered to sen- 1 him on iv trip to Kotoraa, and othcrwisi assist him. Brett, it was stated, would not havo anything to do with the proposal ; ne wanted the whole of the fund or nothing. Hq xras indebted in a considerable nmount to the New Zealand Times, which on 30th August L-.sued p. summons against him. It was taken out fo** private service, and on the game day Brett signed a confession. Tho ease was eet down for IOIU. September, and on being called "at the Magistrate's Court, judgment >igs entered by confession. On 11th September plaintiff issued an interlocutory attachment order against the tinstees of the fund, claiming to attach in tho plaintiffTj favour the fund to tho extent of £157 2a 9d. The trustees were served on 12th inst. with tho attachment order, and were commanded to appear before Mr. Riddell, S.M., yesterday afternoon. The proceedings were taken in chambers. Mr. D. M. Iwndlay apjioaiing for the Now Zealand Times and Mr. Xc.ive for the trustees of the fund. Mr. Findlay maintained that this was money received as an prdinary benefit for Brett ; that it wai> monoy bad and receiv. fed by tho truftees as pgents for Brett, and that they >voro bound to hand it over to him "intact ; therefore it could be attached by the New Zealand Timea to satisfy their judgment. Mr. Neavo contended that the. three men in question were trustees appointed by tho committee to hold the funds subject to the direction of the general' committee; that there was no biu'ijng or legal debt existing between them and Brett, and therefore there wan no meney to be attached. Tho legal i-osiiion of the trustee* was tlmt they were lim<lees, not for Brett, but for tho donors of the monoy. As tho whole matter was voluntary, Biett had no claim until whatever trusts were intended had bjen finally and completely declared. His Worehij) usgrved his decision./'