SUPREME COURT.

New Zealand Times, Volume LXXVII, Issue 5374, 6 September 1904, Page 2

SUPREME COURT.

CENTRAL MISSION DISPUTE. Yesterday the Chief Justice heard aft action brought by Enoch Touks, brick" maker, Wellington, Francis Loudon, land agent, Wellington, and Nicholas Turner, missioner, same place, suing on their own behalf and as members of a religious body known ns tho Wellington Central Mission, to have it declared that tho Central Mission Hull, Herbert street, is held by James Joint Flyger, undertaker, 'Wellington, and Henry Arthur Hurrell, coachbuilder, Lower Hutt, as trustees for tho Mission ; that they bo removed from the trust, and ordered to execute a transfer to tho plaintiffs, as trustees for the Mission, or such other persons as the Court might approve; and that accounts bo taken. 'Tlie Central Mission was also a plaintiff as a body registered under the Uu-cla-ssfllod Societies Act. Messrs O. B. Morison and F. O'Brien Loughnan appeared for the plaintiffs, and Mr A. L. Hcrdman for tho defendants.

Plaintiffs’ case was that tho Mission agreed to purchase tho hall from Mr O. J. A. Haselden, of Auckland, for £IOOO, and that defendants consented to advance the necessary money to on- • able tho transaction to he completed. It was alleged that the defendants had agreed to hold the property in fee simple in trust for tho purposes of tho Mission, and that it'should he charged with the repayment of their advances. Plaintiffs claimed that a transfer wan executed from Mr Haselden to tho defendants “as joint tenants, to }>o held_ by them for religious purposes”; that tho defendants gave the vendor a mortgage for £650 and advanced the balance of £350; that the Mission had silica paid 1 interest to tiro vendor on the amount of tho mortgage and interest' on tho £350 to tho defendants; that tho Mission had continuously occupied tho hall, and had. with defendants’ consent, spent money improving it; that tho Mission had subeoouontly registered under tho Unclassified Societies Act, and had authorised tho other plaintiffs,, as trustees, to raise £IOOO to pay off all liabilities on tho property, and requested defendants to execute a" transfer.; that the defendants had refused to do so, had asserted tliat the property was thoir own, and that Mr Hurrell had since attempted to sell his interest in the hall. The defence was a general denial of the allegations in tho statement of claim, a ploa that if the Mission agreed to purchase from tho vendor, the agreement was not in writing, and did not comply with tho Statute of Frauds. It was claimed tliat the defendants bad purchased on their own account, and non as trustees. It was denied that the Mission had expended money on improving tho hall, or that defendants had refused to transfer tho property. It was admitted that Mr Hurrell. had been in i negotiation to dispose of his.interest. Evidence was given in support of the plaintiffs’ case by a number of witnesses. It was deposed by several members of the council of the Mission that they always understood tliat the purchase pi the hall had been made by the defendants on behalf of the Mission. 'lt was also testified that Mr Hurrell had announced at a meeting of the Mission, when ho was contemplating a trip Home, that he had made arrangements in his will that should anything happen to him while away, his share of tho money ■ advanced should go as a donation towards tho Mission; and that he had offered to put his promise in writing. Mr Flyger, who was present, expressed fii.i approval of the sentiment, and stated that he was prepared to give Ins Word to the same effect. It appeared that tho Mission contemplated amalgamation with the Wesleyan Chnrch, Taranaki street J and. that .at a conference held at the Bsv Mr Oliver’s house on October sth, 1903, Air Flyger threatened to close the hall if amalgamation w'ero carried. According to the testimony of Mr Hurroll, who was called-as a witness in support of plaintiffs’- case, he and Air Flygor owned' Hie property beneficially, and the Alission had nothing to do with it. It was solely held for religious purposes. He paid the interest, and debited the Alission with it. There were very warm scenes at the Mission, and continual discord. When ho took up the position oi treasurer, the Alission was totally bankrupt-, and he took upon himself. all the liabilities. He had told 1 tho Alisaion that he would allow the .u-so of the building free of cost, but ho had never stated that he would not charge interest. The evidence of Air A. B. Atkinson, solicitor, who had , drawn up tho memorandum of transfer from Haselden to tho defendants, was te the effect tliat the understanding was that the defendants were to take over the building, in heir own name, aa trustees for the’ Alission, which was not a registered society at the time, and could not hold property, Tho threat of Air Flyger at the time of tho conference with the Wesleyans was said to be the first indication given to the council of the Alission that, ho assorted' a title to the hall, and this claim was deposed to have been followed up by a demand for payment in connection with the hall, in which the term “rent” was substituted for “interest.” It was testified by a witness named Edward Baker that the defendant Flyger had stated to him and his wife on one occasion, “When the Mission is prepared to pay back Die money we have advanced, the property is theirs.” The plaintiffs’ case had , not closed when tho Otrtlrt adjourned until llS’ clock this morning.