SUPREME COURT

Hawera & Normanby Star, Volume XLI, Issue XLI, 11 February 1921, Page 4

SUPREME COURT

NEW PLYMOUTH SESSIONS.

The sessions of the Supreme Court. tfere continued af New Plymouth yesterday before his Honor Mr Justice , ttoskmg. SETTLEMENTS AGREED UPON. Settlements were announced in thek>Uowing.c{uses which were accordingly nrrCk^r the !"*.''George S. Hobbs v bo^m McLaren, claim for execution of transfer of property or damages: J. J Hdl v ; R. H. Phillips, claim for £332; with interest, on guarantee. DIVORCE GRANTED. _Alexander Bruce Cormack (now of Wanganui), petitioned for a divorce from Louiee Cormack. of Kohuratahi, ¥£ a?? grounds of adultery, Frederick Barker, of Kohur^itahi, heinjr cited as co-respondent. Mr W. Cunningham (Wanganui), appeared for petitioner, Mr C H Croker (New Plymouth), appeared torrespondent and co-respondent The • case was originally defended, but by arrangement between counsel for parties concerned it was eventually taxen as undefended, petitioner agreeing towithdraw a cjaam for damages and iost« and respondent agreeing; to forego a claim for alimony, provisional and permanent. Alter hearing . the .evidencej his ..Honor granted a decree nisi to be made abolute in Ihree month. Therewas no order as to ©bets. CASE CONCERNING A FARM. An action for £3528,, as payment forlose and damages, allegedly sustained, through misrepresentation was brought, by George Henry Quinn (of Mokoia) against Alfred Catchpole (of Kakaramea). Mr P. ODea (Hawera) appeared f<«- plaintiff and defendant was represented by Mr Brown (of Wanga^ nui). ■ - . >'. & ■?:■■ Pacts outlined by Mr ODea in opening the case were to the effect that had been a farmer residing at Mokoia for six or seven years ..and; Quinn was licensee of the Kakaramea Hotel. He had a family of. niiub chilvi i^ 11 selling out his interest iii the hotel decided to put his money; i,1 jto 1 a t a-m" April last te oominenced looking for. a property and' must; ( have inspected about 20 in all. .They ; agent who went round with him on most occasions was Catchpole, representative of the Loan and Mercantile I Co., and a son of defendant: He told' i Quinn that his father had a farm, and! that it was good plaice and would do 45"' cows really well. The area was 90» acres, and as a matter of fact, counsel said, was the poorest farm in; Mokoia. The^ authority wh'jch defendant gave to the Loan and Mercantile stated that ,the was carrying 50 h«&d of l stocky and this was represented to plaintiff as the winter carrying capacity. V Catchpole junior told Quinn that his father was fairly well off and did , not bother to work the farm to its full 1 j capacity," * but counsel said plaintiff ! would bring evidence to the effect that Catchpole was milkink to the full capa-i C'ty^ and that the highest average" he had taken off in the previous sea- ; sons was 6501 be butter-fat. The grass* ori it was dantonia y which wasmjed for sheep, but was no iise on adai^farm^ jdi<^ ParticuJarlywell in thetwinter, and that was the reason the farm appeared all right when Quinn inspected ** JnJunis- The place, counsel contend^ ed, had been represented at about double its capacity. Cecil J. Hawkeny farmer^ of Mokoia, and chairman of the Melt's Co-opera-tive Dairy 'Co., said he had been in the district fifteen years. He had known Catchpole's farm for several years It was poor land, ,anjllight country. Vyith butter-fat at 2s per pound he estimated that the property would not be worth more7 than £50 per acre. In ordinary seasons it would not milk more than 30 cowe. The average for a cow per season in Taranaki was about £17 and in South Taranaki it would be about £20. There was no worse section in Mokoia than . Gatohoole's, except one which was a leasehold adjoining. Cross-examined hy Mr Brown, witness admitted that two sales of land had taken place in the district recently, one being at £86 per acre and one at £90. Estimates of the value of the farm , were given by H. F. Candy, land salesman and valuer. He put the price at between £40 and £45. Danthonia was a grass which was * absolutely useles* on a' dairy farm, and he did not .think the place was capable of growing much Quinn had a good class of cows, md they would do much better on good country. Other opinions as,to the value of theFarm were also given by. T. E Biekford, farmer (Mokoia*),, and Brian C. Lysaght, farmer (Mokoia). E. Hurley, Te Roti, said he was present in Hawera one day at a conversation between Catchpole junr. and Quinn. when Quinn said Catchpole's aunt told his (Quinn'e) wife that Catchpole had never had 50 cows on the place. He then asked Catchpole what ajbout the 50 cows he (Quinn) was* told the farm would carry, and Gatchpole replied that it could"be done. Healso said that if Qumn- toJd everyone this he would not be able to sell the farm, and Quinn replied that it was a well-known white elephant. The farm had previoulsy been offered to witness at £100 per acre by Catchoole jimr. Evidence given by plaintiff was largely on the lines of that already adduced He said he nut £1000 cash into ' the place, and Catchoole also took witness' house over at £1000. There were, three mortgages already on the place and witness gave a fourth to Catchpole for £300. Examination of the plaintiff was just conoluded when the Court rose till to-day.—Abridged from News, a ,