SON V. FATHER

Evening Post, Volume CXII, Issue 91, 14 October 1931, Page 11

SON V. FATHER

APPEAL COURT CASE

An appeal from part of a judgment by Mr. Justice MacGregor, dealing with a, claim made by Louis Hector Prouse, farmer, of Palmerston North, against his father, Dnvid Prouse, farmer, of Kairanga, in the Supreme Court, Palmerstou North, for £1250, was heard by tho Court of Appeal to-day.

Mr.-Justice Reed, Mr. Justice Ostler, and Mr. Justice Smith were on the Bench.

Mr. H. E. Cooper, Palmerston North, appeared for the appellant, Louis Hector Prouse, and Mr. P. Baldwin, I'almerston North, for the respondent, David Prouse.

In his .■judgment, delivered in May last, Mr. Justice MacGregor said it was a very unfortunate action which should not have been brought before the Court; and, as ho had suggested before the hearing, it was a great pity it was not settled. Louis Hector Prouse, a young man of 29 years of ago, claimed against his father in the Supremo Court £1250- in two parts. The first was for two sums of £1000 and £50 respectively, which tho plaintiff said belonged to him and which he claimed the defendant received on his behalf, retained and used for his own purpose, and failed to account for. The second cause of action ws.s .a claim for £112 for wages, which the plaintiff claimed he earned under' promise of his father of fair wages as manager of a farm. His Honour said it was perfectly clear that the claim for wages must fail, as the plaintiff had failed to prove a contract. Tho same result must follow regarding the other claims. After hearing tho argument of counsel on the appeal, the Court reserved its decision.