SUPREME COURT.

Taranaki Daily News, 22 September 1920, Page 8

SUPREME COURT.

RESERVED DECISIONS. At a sitting of the Supreme Court* New Plymouth, yesterday, His Honor Sir John Salmond announced, decision in a number of cases, consideration of which he had deferred. A WIDOW'S ALLOWANCE. Decision was announced in the application of Mary Downs for an increased allowance under "the will of her late ' husband, John Dowiis, of New Ply- ' mouth, engineer, which was heard at 1 the opening of the sessipn. His Honor said tiie estate was a small one, amounting to about £1700: The testator bequeathed to his wife a life interest in his house, and provided an annuity of £1 per week. The residuary estate was a charitable trust in the Borough of New Plymouth. The widow claimed that the allowance of £1 per week was not sufficient, and that she was entitled to further provision. This His Honor agreed with, and had decided to increase the allowance to £3 per week. The estate was a small one, and>the increase would.eat up part of the capital assigned to the trust. The Council had -not appeared to Inalce any objection, however, and it had to be recognised that a testator's first duty was towards his wife; his charity ought to begin at home. He thought the Council had exercised i proper discretion in making no objection. DECISION REVEKoED.

In the ease of Weire Kingi v. Arthur Guy, which was an appeal from the decision of Magistrate Bailey at Hawera, His Honor said he was unable to agree with the view taken by the Magistrate. The facts were that Guy was driving lis car out of his property on to the road at Matapu, and Kingi was coming along in the same direction to which Guy's car had turned, and a collision resulted. For this Kingi claimed £lO3 18s, alleging negligence, and Guy coun-ter-claimed for £43 Bs. In the lower Court judgment had been given for defendant on the claim, and for plaintiff on the counter-claim. His Honor's decision is therefore in favor of Kingi, who was also allowed £5 5s costs. PETROLEUM COMPANY'S CASE. In this dispute the Bonithon Freehold Petroleum Company had claimed from P. A. Hailey, of Auckland, company promoter, the sum of £I2OO damages for the wrongful conversion by Hadley of certain machinery to his own 'use. Hadley filed a counter claim for £1422, being the plaintiff company's share of expenses he had incurred in connection with the promotion of a company. The case was heard on Thursday last. His Honor found that the general purport of the agreement and negotiations! between the parties was to the effect that the plant and machinery were to be held in common ownership with the intention of selling if to a: new company to be formed, and the total proceeds to be derived from such sale were to be divided between the company and Hadley in the proportion of one-third to two-thirds. The promotion of the failed, and Hadley, without tire consent of the company, sold the plant to a third party. Legally, His Honor said, there was no conversion unless plaintiffs could shor that the property converted was irrecoverable. Hadley, however, was liable to account .to the company for a share of the moneys received, and the proper course to be followed was the taking of accounts between the parties. T)iis His Honor ordered to be done, and stated that further consideration of the case would be deferred in the meantime.

On the counter claim a small allowance of about £IOO was made in regard to Hadley's outlay. OTHER CASES. His Honor announced that decisions would be forwarded from Auckland in the cases of Bartlott v. Graham and ;T. E. Corrigan v. Tvoti Wairahui, consideration of which had not yet bec-n completed.