DEALING IN BOTTLES.

New Zealand Herald, Volume LVII, Issue 17614, 29 October 1920, Page 3

DEALING IN BOTTLES.

SUPREME COURT PROCEEDINGS. An application for an interlocutory injunction to restrain a bottle dealer, T. F. Houlahan {.Mr. R. P. Hunt), of Hobson Street, from handling or dealing -with bottles moulded with a certain brand, was brought by the Lion Brewery Company, Ltd. (Mr. R. McVeagh), before the Chief Justice, Sir Robert Stout, and Mr. Justice Cooper, at the Supreme Court ! yesterday. Mr. McVeagh said the application was for an interim order, pending the trial of the action set down for hearing at the ensuing civil sittings. The purpose of the motion was the preservation of the property pending the trial, and a decision now would not .finally determine the parties' rights. There Fas a great famine of bottles in New Zealand, and the action had been commenced by the plaintiff company for a permanent injunction and for damages. He was prepared to adjourn the present application, provided the defendant agreed to deliver weekly t& plaintiff all the moulded bottles he obtained. or had in his possession. The plaintiff company would then pay weekly into Court Is 4d per dozen, the price fixed by defendant, pendiiSS the determining of the action. The. defendant's allegation was that the bottles, as well as the contents, were sold by the brewers, and that the property in the bottles therefore passed from them. Mr. Hunt expressed his willingness to accept the terms offered, except -that the money should be paid direct to defendant. His client wovfld provide a bond- from "an insurance company that the money would be refunded if the plaintiff company succeeded. - ■ When the Court resumed in the 7 afternoon Mr. McVeagh announced that 'an agreement had been arrived at upon' certain terms, subject to his being provided ■frith a bond. ■ He asked that the • application be adjourned sine die, to"be brought on at three days' notice. *" ' " Mr. Hunt consented, and the application was granted.