A NEWSPAPER. DISPUTE.

Colonist, Volume LIII, Issue 13167, 25 July 1911, Page 4

A NEWSPAPER. DISPUTE.

Wellington, July 24. The Court of Appeal commenced the case of W. H. Smith v. E. D. Hobon. This is an appeal from the judgment of the Chief Justice, Sir Robert Stout, delivered on an originating summons to determine the construction of bailment entered into by William Henry Smith, of Marton, owner of the "Manawatu Daily Times" newspaper, and Ernest Denis Holien, under which Smith granted to Hoben the right tc print and publish the said newspaper for the term of six years. The main question in dispute is the meaning of the term "nett realised profits" abused in bailment. Rent reserved is one half of the nett realised profits, ascertained half-yearly. There is also a provision that Hobon shall be entitled to draw £10 per week as against anticipated profits, and the contest is whether this sum is to be deducted from the nett realised profits, or whether the rent shall be ascertained before deducting this £10 per week.

Mr. C. D. Collins appears for appellant and Mr. C. A. Loughnan for respondent.