LATE COURT NEWS.

New Zealand Mail, Issue 1213, 31 May 1895, Page 16

LATE COURT NEWS.

SUPREME COURT.

I His Honor the Chief Justice held a sitting in Banco on Wednesday. In the case re the Puketarata Block Mr Morison appeared in support of a motion for a writ of certiorari to quash the memorial of ownership issued for the block in 1887 on the ground that an application for a rehearing of the investigation of title was never disposed of according to law. The motion was opposed by Mr Hutchison on behalf of certain Native owners and purchasers from them. His Honor reserved his decision.

Mr W. H. Quick appeared in support of a petition under the Trustee Acts praying for an appointment of new trustees of certain lands left many years ago by will fcr a site for a parsonage for the Lower Hutt, and also for an order that the land might be sold and the proceeds invested for the benefit of the Lower Hutt parish as they had proved unsuitable for the purpose for which they were given. His Honor made the order as prayed. Argument was also heard in the special case Elkington v. the Phoenix Assurance Company. This is an action claiming J 2350, the amount of a policy of insurance on an accommodation house in the Feilding district, which was destroyed by fire in August last. The policy contained a condition that the Company might at any time cancel the risk by notice to-the assured, and that upon delivery of such notice the policy should cease to be in force. It is alleged that an agent of the Company by a verbal notice to the plaintiff cancelled the policy six days beforo the fire, on the ground that the Company objected to the tenants in occupation. The qiiestions involved were whether by the terms of the condition it was necessary that the notice of cancellation should be in writing, and, secondly, assuming a verbal notice to be sufficient, whether it had been effectually given by the Company's agent. Mr M.. W. Richmond appeared for the plaintiff, and Mr Tread well for the defendant Company. His Honor reserved his decision.