A MINING CASE IN COURT.

Otago Witness, Issue 2006, 4 August 1892, Page 14

A MINING CASE IN COURT.

At the Dunedin R.M. Court on Monday last the following case was heard :—: —

Waikaia Company (Limited) v. Caroline Edith Daplyn (Waikaia). — Claim Ll410s, calls due on shares. — Mr F. R. Chapman appeared for the plaintiff company, and Mr S. Solomon, and with him Mr A. C. Hanlon, for the defendant. — Mr Chapman stated that this was an action for calls by the Waikaia Dredging Company against Mrs Caroline Edith Daplyn, of Waikaia. She held 20 shares in the company, and the claim was for several calls, amounting to Ll4 10s. Mrs Daplyn applied for these shares, and the signature on the application form wa» proved to|>e hers by the evidence take up there. This evidence also proved that she was possessed of separate property Th e Bench : At the time she took the f — Mr Solomon ; Tbat is not enough. It

must not only be proved that she had property then, but has it now. — Mr Chapman : That is what the evidence shows. — Mr Solomon : Oh, very well. — Mr Chapman then went on to say that the evidence would be read. — -Andrew Hamilton, secretary of the company, and Thomas Allan then gave formal evidence, after which voluminous evidence taken at Waikaia was also read. — Mr Solomon, for the defence, argued that the defendant was induced to sign the application for the shares on the misrepresentation of plaintiffs' agent. He also raised the point that it had not been shown that the defendant was possessed of separate property, not only at the time the contract was entered into but also at the date of judgment, and further th-it the court had no power to give a special judgment against the separate property of a married woman. — His Worship intimated that be would have to take some time to consider his decision.