SILVER CUP AT ISSUE.

New Zealand Herald, Volume LXI, Issue 18662, 19 March 1924, Page 12

SILVER CUP AT ISSUE.

PIPING ASSOCIATION CASE. FORMER RESIDENT SUED. TROPHY TO .BE RETURNED. A claim for the of a silver cup rolued at £7 10s was m a de by the Piping r.nd Dancing Association of New Zealand ,Mr. E. S. Smith) against a former president, Hugh Mac Donald; carpenter (Mr Fitaherberl), in the M* pirate s Court Tester day before Mr. W' B-. McKean, q i j Counsel for the association said that in September, 1922. a brother oi defendant, Mr. John Mac Donald,' announ<V d his .intention of donating a cup, and iV October announced the conditions in resect af the cup. At a meeting of the ass& ciation in December the cup was handed over to the president, defendant, to bo inscribed. It had not been relumed by him, Defendant was not re-elected president. There had been some petty trouble with the association. Defendant was written to regarding the cup, and replied that lie was returning it tu his brother. \ When the latter was communicated with ho replied referring to circumstances of "which, the association knew nothing. The secretary of the association! gave evidence on lines of counsel's stats ment. The cup was for annual competition in Highland dancing. Defendant "jived the cup, promising to have it engraved. Witness produced the minutes of the meetings of the association relating to the cup. _ . Cross-examined, witness said the competition for which the cup was present ed had never been held. It was known hefore tho issue of the summons that <? cup had been returned to Mr. J. MacDonald. Ho denied that the reason foi suing defendant was ill-feeling between' him and the association. Witness ,did cot think the definite form of the wording of tho engraving was decided at the meeting at which the cup was handed over. The donor was present at the meetings at which the cup was referred to, and raised no objection to the minutes. For the defence it was submitted that the gift had not been completed* John Mac Donald, called far the defence, said a cup was to be given by him and a rose bowl by another donor.; He took the cup to a. meeting, placed it on the table, and said: "This is the cup I intend to give." It was handed .round! The presi-! dent thanked him for presenting the cup for competition in Highland .dancing. The inscription was discussed. .-'".Hugh MacDonald . took charge of the cup. There was a considerable amount of ill-feeling I prior to the annual meeting, and witness consulted members of the old • committee, J who agreed that he should have the cup back. » His brother had handed it over to him, and it was now in bis possession It had never been engraved. Witness gave evidence as to the conditions regarding the cup. Mr. Smith: Who was the owner of the cup after'you gave —I don't know who was the owner. Further questioned, witness said that as long as the control of dancing was being carried out as he wished he thought the association should have the cup, but when lie saw this was not being done.be thought it quite right he should take it back. The magistrate said it seemed unfortunate that this question had arisen. Before Mr. Mac Donald handed the cup to the president of the association ,the gift was complete. Up till that time he would have been quite within his rights in taking it back. Continuing, Mr. McKean ' said thai had the association j decided that the. cup should be presented, for instance, to . the winner of ,a beauty competition, no doubt Mr. MacDopald could regain the -cup, but it had not been shown that.foe association bad .any intention of departing from the conditions. The magisferaie held that the association was er.(fcit3ed to possession. An order was made for the return ,of the cup within seven daiys. The association was granted .costs. ; ' |