CLAIM AGAINST KUBELIE.
• ♦ —■ ■ ■ ■' ,„ ». ■ ■ AN APPLICATION DISMISSED. _ • [BY 'I'KUVfHAWr.— rIU'SS ASSOCIATION.} r, * , *'■' ■•''..;. Weixiniston, Tuesday; ."* -• T Is chambers yesterday, "before Mr. Jus» a tiee Denniston, a- phase of the action ". Hugo Gorlitz'v. Jan Kubelik, violinist* was considered. ' Plaintiff,:'by an ex-parte - - application, asked for a writ under;sec- , tion 1.5 of the Imprisonment for .Debt ;'" Abolition Act, to arrest and. imprison; the ; defendant " unless and until he shall giro security that h<\ will nob go.out- of "New: Zealand without the . permission of the ou- . preme .Court. His Honor reserved his de- ,T* cision' until to-day, "when lie refused .the.'.;.,"•. motion.' • • '.*, - ••-i ■;. «w ■* ' ■;.;■■ : In Riving judgment, His Honor said " ■ the action -:was for' damages for alleged breach by defendant of a verbal ;agreement *'.; alleged to have been made'by ; him in Chicago, in 1306. for a' concert tour, under; plaintiff's ; management- of- Australia ; -and - - New Zealand, in j that yean: The ground v,, of ...the application -was, that „ defendant was - - - ; . about to quit New Zealand unisaahe was ap- ■■i. v .. prehended, and that ;his:'Abseri& j.from."Newl';; Zealand •«ould?naat«riall:rprejudica* , plain- .* tiff in. the : prosecution Of his. claim. His ;„ Honor said there-' was-- no - suggestion that " defendant was leaving New Zealand to avoid ; his,;alleged; liability, to plaintiff,- or otherwise' than in the regular course of his engagements.. He, therefore, did not think it sufficiently shown f that th« absence of the defendant would prejudice the plaintiff inline prc-yjcution of the Sac* tion,- and the application would be" dL*- * . missed., ,-■..-. :;. .;,■;,: : ,/. ; ; ■■■■.-■' ;,■--■.-.-■ _,
CLAIM AGAINST KUBELIE.
New Zealand Herald, Volume XLV, Issue 13796, 8 July 1908, Page 9
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