SUPREME COURT.
The Chief Justice, sitting in banco, heard argument yesterday week in an action brought by Mrs Martin Osborne against her brother, James Mitchell (printer), to determine whether she was entitled to the whole fund, amounting to L 570, under the will of her late father (Mr 'David Mitchell, of Dundee, Scotland) who had directed that her share of the estate should be paid to her by yearly payments of L 25. The action was to obtain a judicial ruling as to whether this condition was valid, and whether the plaintiff could not dispose of the whole fund. The question involved was as to the applicability to the circumstances of the Colony of the provisions of the Scotch law as to alimentary provisions by testator. Mr Tread well appeared for the plaintiff, and Mr Brandon for the defendant. His Honor reserved his decision.
The Chief Justice has given judgment in favour of the application of P. Dutton, proprietor of the trade mark 'Red Cross 'for his ointments, to strike off the register C. W. Hawkins' trade mark ' White Cross.' Both parties carry on business in Dunedin. His Honor a'lowed Mr Dutton Ll 5 15s cost?. Mr Ilislop appeared in support of the application, and Mr Levi opposed.
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New Zealand Mail, 30 December 1892, Page 28
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208SUPREME COURT. New Zealand Mail, 30 December 1892, Page 28
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