SUPREME COURT.

Otago Witness, Issue 2805, 18 December 1907, Page 53

SUPREME COURT.

AUCKLAND, December 3.

A claim for £1200 damages was made

l>y Charles Augustus Wateon, a gum mer- ' chant, against tho National Bankof New j Zealand (Limita-l) in respect of a cheque i lor £300 5«, which was returned to the ■ payee dishonoured. The facts of the case ' were that plaintiff, who had recently started in business, for himself as gum merchant, aftar having been employed in charge of Mr A. Nathan' 6 business for over 20 years in a similar capacity, gave A cheque to aMr Millar. The cheque was duly presented by Mr Millar, and dis- ' honoured by the bank. On the date the cheque was issued (a Friday) plaintiff left town, returning on the following Monday. Plaintiff had sufficient money to his credit at the bank at the time to meet the ' cheque, and the fact of its being dishonoured was a mistake on the part of .the bank^ The plaintiff claimed that in con- j sequence of the bank's action his credit had been impaired, and his bueinees practically ruined. The jury -returned a verdict for £50 damages. In the Divorce Court Mi Justice Dennjston granted* .iecreee niei in the following cases: — Rose H. Horsfall v., James Hors- • fall, misconduct and cruelty* Albert Ric4ceite v. Emma Rickette, misconduct (Thomas X. Sheldon, co-respondent) ; Emily Meyer y. John Meyer, desertion; Alfred Rhcdes v. Esther Rhodes, misconduct (Arthur L. -Winter, -^co-respondent) ; Fanny Emily Gooch v.' Charles Augustus Gooch, deeer,'tion; -Sydney Herbert Godfrey v. Margaret H. Godfrey, mwconduct (Henry Miils,- corespondent). Ellen Emma Anketell petitioned .for a divorce from her husband, Charles Edward/ Anketell, on the ground of -persistent cruelty and failure to maintain, i The petitioner stated that she was married " to the ' respondent in August, 1895, at Melbourne. They came' to New Zealand aix years ago, taking up their residence at JRotorua, where they resided together tsntil November, 1902. She then left him on account of his drunkenness and cruelty He had been an habitual drunkard e?er since 1897, and had treated her cruelly. After further evidence had been given, his Honor granted a. docrc? nisi. *a> be made absolute in. three months, with rests •gainst respondent. December 4. An action by Thomas William Slater against the Waitemata- Sawmilling^ Company to recover £2000 damages for alleged wrongful seizure was commenced in the Supreme Court to-day, and after lengthy evidence was adjourned till Friday. December. 6. In The Divorce Court this afternoon Mary Jane Peterson soughfj the dissolution of her marriage with Martin Adrian Peterson oh the ground of misconduct. A decree nisi was granted, with costs. December 0. Mr Justice Denniston to-day sentenced Frederick William Joseph Jones, aged 20, - to six months' imprisonment for forging a telegraphic money order for £3* The crime was of a deliberate character, carefully planned. December 10. • Mabel Barry; typist and stenopxa-pher, claimed £100 damages for wrongful dismissal from Henry Holloway, Robert John Gwynne, and Melville Henry Quick, proprietors of the Waikato Argus, at Hamilton. Plaintiff's story was that she and her sister were engaged as typists, but had to operate a new type-setting machine known as the Simplex. Before they got aeoustomed to the working of it they were dismissed. Mr Justice Denniston nonsuited the olaintiff. WELLINGTON, December 3. In the Divorce Court to-day Mr Justice Cooper granted a decree nisi ip the caio of Mary Tolley v. Edward Charles Albert Tolley, a butcher, on the wife's petition, on. the grounds of bigamy. December 12. ', In the Divorce Court decrees nisi were granted in the cases of Sophia Howat versus Charles Howat, a wife's petition on the (ground of failure to obey an order for restitution of conjugal rights ; Theophilus Love versus Mary Love, a husband's petition on the ground of desertion ; Nathaniel j Burgess versus Adelia Burgess, a husband's ■petition on the ground of miscoiiducr ; William Dryden Oliver versus Mary Louisa. Oliver, a husband's petition on the ground of misconduct; Arthur Oswald Hoskins versus Ro3e Hannah Hoskins, a husband's petition od the ground of misconduct. 13. Mr Justice Button and a jury of 12 were engaged to-day In hearing a claim, by George Scott (of Christchurch) against the King for £4500 for damages in respect of an 'alleged breach of agreement. The case arises out of the apace dispute at the recent ' Exhibition., the- plaintiff alleging that he was.' deprived of the space originally granted him, also that be was to have the exclusive right 3 ;\nd privileges of selling confectionary and fruit at the Exhibition, and that this was violated. The defence is that there was no contract,, and that Scott brolke the rules and regulations ot the Exhibition. The case is proceeding. NELSON, December 12. At the Supreme Court yesterday Francis Sparks was found not puilty of an unnatural offence; and William Brott. convicted of indecent s asault on a child at Westporfc, was sentenced to three years imprisonment. To-day Norah Flanagan and Nelson Campbell HodgeT were tried on a charge of defrauding tho Bank of NewZealand at Westport by gelling ' salted sold. The process alleged was to put in the centre of pellets of retorted gol'l copper and brass to add to the weight. Flanagan ■was found not guilty, but Hodges was convicted. Sentence was deferred. In the Divorce Oourt tho case of Ritchie v. Ritchie, a husband's petition for diseolulion of marriaee, on th»» ground that the respondent had failed to obey an order for the restitution of -conjugal rights, was heard and a <*<KjreA -nisi was granted. ' BLENHEIM. December 4. At tho Supreme Court sittings, Mr Justice Cooper presiding, three criminal charges were set down, and a true bill was returned in' each.. The jury returned a verdict of "Not guilty" in the case in which A. S. M'Kenzie, 24 years of age, was accused of attempted rape on a y°" n J woman 22 years of age. The case in which J. Horton. an elderly man, is charged with carnally knowing a girl of 12 years, is being heard. ' INVERCARGILL. December 10. The Supreme Court wittings opened today before Mr Justice Williams, who congratulated the .Grand J irv on the xemarkabld- atfcenoe of crime in the distriot- There were only three cas«e, and none of a perioui, character. • '

The first for trial was Charles Froggatt,. a youth, charged with having improper relations with a #irl under 16, who was a consenting part.\. A verdict of not guilty was j returned.

The Grand Jury returned r»o bill in the case of Alexander Ferrier, who was charged with manslaughter. The facts were that a horse took fright^ a* Ferrier's traction engine, and" backed over an embankment killing a young woman. Thomas Seator, who was charged with indecent assault on a girl under 16 years of age, ..was found not guilty. December 12. A breach-of-promise case. Jane S. Hewitson (of Lqvell's Flat) v. G. T. Martin (of Gore), claim £2000, has been settled out of court by payment of £475 damages. The court was occupied till /i late hour In hearing the case of M. Carr v. James White, a ozhn for £550 for alleged libel. The plaintiff was manager of the Southland Farmers' Co-operative Association, and the defendant was a farmer near Gore. Until recently the defendant was a director of the association. Certain voting papers sent out prior to the la6t election of directors' miscarried, and an explanation was made, hut the defendant inserted a letter in. the Southland Time's suggesting that the election had been manipulated in the interests of certain candidates, and this was considered to be a reflection on the plaintiff. The jury awarded the plaintiff id damages. LARGE NUMBER OF DIVORCE CASES. BLENHF/IM, December 5. Robert Burgess, charged in the Supreme Court with robbery with violence^ was acquitted. The "criminal business is now concluded. CHRISTCHURCH. December 5. In the Divorce Court," before Mr Justice Chapman, Emily Tait petitioned for the dissolution of her marriage with Samuel Fuilerton Tait, on the ground of desertion. The parties -vere married in July, 1878, at Christchurch. Petitioner said that . their married life was unhappy owing- to respondent's" drinking habits. He left her finally on January, 1900, making no provision for her and no home. A. ideerce •q.isi .*as granted. Emily Jane Win ton v.as granted a decree nisi againet George Winton. who disappeared eight ycora ago, and g? whe-ra io trace had beep found by she police. Decrees were/also granted in the of Lilian Rowlands v. William Rowlands (adultery and cruelty), Annie Preece v. Charles Henry Preece (desertion), Albert Morey v. Helen Morey (adultery), George j H. Burt v. Margaret Burt (desertion), Anna Mary Charlton v. John Robert Charlton (adultery), Peter Good v. Elizabeth Good (desertion), and Ada Elizabeth Irvine v. William Irvine (desertion). The decree in each case is to be made absolute 'd three months. Mr Russelif appeared In euppo.-t of sn application for a dissolution of marriage.. Lne ground alleged being the failure of the respondent to comply with an order for the restitution of conjugal rights. Hie Honor said thai he had not seen the act of last session. He supposed it had to be submitted Cor the assent of hie Majesty, but the act was oertaiulv intended to do away with that sort of thing. Mr Russell said he did not think the act bad any retrospective action, His Honor said he thought there wan a reservation" to the effect that the act ehouid i>ot prejudice any impending proceeding- - He understood that from a presa report, out if the assumption was wrong, the decree would be void, and Mr Ruesell would have to apply to have it rescinded. In the meantime ho would take the law c* he found it at present. In granting the decree his Honor said fiat that form of ready-made desertion hod attracted the attention of Parliament, but until the law was altered parties were entitled to the advantages of the system. WELLINGTON, December 6. In the Divorce Court to-day a decree nisi was granted in jthe case of_ Anderson v. Anderson, the husband's petition on the ground of misconduct.