THE APPEAL COURT.

Otago Daily Times, Issue 12935, 30 March 1904, Page 5

THE APPEAL COURT.

(Peu U:;ited Tbess Association.) WELLINGTON, March 29. The Court of Appeal reserved its decision in the ease 'i'ipene v. Tcpuni. Tho parties aro aboriginal Natives living in tho Wellington district, and bad lived together as man and wife for 14- years, and then sqjarated. 'the plaintiff sued for moneys spent by him on a honso erected on the laud belonging to the defendant. The jury in tho lower court had given a vcrdiet for tho plaintiff for a certain amount, but questions wero reserved for the Court of Appeal. Tho main question is whether, under the cirounwtanees of tho cat?e, any contract for payment was proved or could lie implied between the parties living together a.s man and wife, maintaining a joint household, and oaeh contributing money and labour from time to time for joint purposes. Argument was then commenced in tho omo of Ashtou and Parsons (limited) v. Marshall's Chemical Company (Limited). This is an appeal from the decision of .Mr Justice Cooper on an appeal from a decision of the registrar of patents, designs, and trado marks. ]{espon<lents applied for registration of tho wordii "Marshall's Fosphcrine" as a trade mark in respect of certain medieino sold by them in Now Zealand. Tho appellants applied for registration as a trade mark of a wrapper headed "I'hospcrinc," and containing directions for use, and concluding w'th the words "Prepared only by Ashton and Parsons." Tho appellants apply this wrapper to similar medicine eold by tlieai in England ami else;rhere, including Now Zealand. The registrar decided that both respondents and appellants vrem entitled to registration, and granted both applications. Ashtou and Parsons appealed against this dceision so fn.r os it allowed I hi) registration of Marshal!',! trade mark. Tin: appeal was heard by_ Mr Justice Cooper, who upheld tho dceinion of tins registrar. Ashton and I'arsom nov,' r.ppe?! furl her to the Court of Appeal Tho e.tso is being argued before tho Chief Justice, and Justices Williams, Denniston, Edwards, and Chapman, Mr Young appearii:rj for appellants, and llr Weston 'for respondents. Argument for appellants bad been partly heard when tho court roso for the day,