SUPREME COURT.

Taranaki Daily News, 19 December 1924, Page 8

SUPREME COURT.

TARANAKI SESSIONS PROMISSORY NOTE DISPUTE. AN APPEAL DISMISSED. A good clearance of the actions remaining on the civil list was made in the Supreme Court at New Plymouth yesterday, when the sittings of the court were continued before Mr. Justice MacGregor. His Honour dismissed an appeal from the decision of Mr. A. M. Mowlem, S.M., at Eltham, in which the magistrate had given judgment for Mary Gow, administratrix of the estate of George D. Gow, deceased, against C. E. Robinson, of Eltham, on a claim for £lO5 due on a promissory note, together with interest, which brought the total amount to £l3l 19s 4d.

The note had been made by Robinson in favour of James Bridger, and had been endorsed by G. H. Mattock. It was made on May 5, 1920, and was due on December 3, 1920. The Bank of Australasia, Eltham, was specified as the place of payment, and the argument yesterday was chiefly as to whether this was specified in the body of the note, and therefore made it essential that the note should be presented at the bank before action could be taken.

The magistrate held that the place at which the note was payable was not contained in the body of the note, was a mere memorandum thereto, and therefore it did not come within the provisions of section 88 of the Bills of Exchange Act, 1908. In consequence the note did not require to be presented before an action could be commenced. He further held that it was proved that the drawer and the endorser had requested the holding over of presentation of the note; and finally that the evidence did not prove a novation. and that the case was one in which interest should be allowed. He therefore gave judgment for plaintiff for £lO6 16s 4d and costs amounting to £9 7s.

The appeal was one of fact and law on the ground that there had been a novation, that the place at which the note was payable was in the body of the note and not a memorandum thereto. * His Honour said he saw no reason for upsetting the magistrate’s decision, and dismissed the appeal with costs. SALE OF A FARM. Judgment for the defendant was given by His Honour in the action Mary Ann Lobb and Harry Wallath, as trustees in the estate of Joseph Lobb, deceased, against Charles A. P. Wood, farmer and stock dealer, Westown, in

which the plaintiffs claimed £250 part purchase money and specific performance of an agreement for sale and purchase or £3OO damages.

His Honour held that the defendant was entitled to vacant possession of the property, and this had not been given by the plaintiffs, who had allowed a native to occupy a whare on the farm in dispute. Regarding the contention of the plaintiffs that Wood had in fact taken possession of the property by reason of his stock grazing there, His Honour held that possession had not been taken. The fact that Wood’s stock had actually been on the property was due to the dividing fence being in such a state of disrepair that It was not sufficient to confine the stock on the defendant’s own property. His Honour also held that both parties had given notice of the cancellation of the contract for eale and purchase.

Costs on the middle scale as on a claim for £3OO were allowed the defendant. His Honour expressed his Indebtedness to counsel and solicitors on both sides for the candid and careful way in which they had placed the facts of the case before him. WIFE’S MISCONDUCT. A decree nisi was granted Arthur Thomas Golding Wells, a farmer, of Kaimiro, against his wife, Margaret L. Wells, on the grounds of misconduct, John Schrlder, a farmer of Kaimiro, being named as co-respondent. Giving evidence in support of the petition, Wells said he married the respondent at Wanganui on June 2, 1910, and there were three children of the marriage. Schrider was r single man living near petitioner’s farm, and in January of this year, in consequence of a complaint made by the witness regarding her conduct, she left home and; returned to her mother at Wanganui. He nex't flaw his wife when she visited the farm in March, but she declined to stay and returned to her mother again. In July the wife, when visiting her children, confessed to petitioner that she had misconducted herself with Schrider in New Plymouth, where they had stayed at an hotel under the name of Mr. and Mrs. Earl. An inspection of the hotel register had confirmed the wife’s story. The respondent made a written statement admitting her guilt and the corespondent had also admitted it when taxed.

Corroborative evidence of Schrider’s admission was given by Charles Sadler, ccach-builder, of New Plymouth.

The decree is to be moved absolute after the expiration of three calender months. Costs on the lowest scale were granted against the co-respondent. A decree nisi was made absolute on the petition of Isabella Leiper Milne against George Milne. OTHER MATTERS. Discharges in bankruptcy were granted George Francis Scott, labourer, of Hawera; Alfred Wright, farm manager, Arawhata; Thomas Andrew Bridge, farmer, Manaia; and Billy Ngeru, Hawera. The discharge of Henry William Lewis, builder, of Auckland, formerly of Hawera, was suspended for six months.

The question of the discharge of Archibald John Brown, farmer, Douglas, was ordered to stand over until next session to allow the bankrupt to be present in court. The discharge was opposed by B. J. Kerswell, one of the creditors, while the D.O.A. (Mr. J. S. S. Medley) thought eho application should stand over until some matters in connection with the estate had been more fully investigated. On the grounds that there had been an irregularity in the proof of service, the court made an order setting aside a default judgment granted in the lower court in an action Hugh McCann v. Thomas Austin and John Masters Cox. A week was granted to the defendants to file a statement of defence, and costs £4 4s were allowed. An originating summons under the Family Protection Act in the estate of

John Hart, deceased, was adjourned until next session. His Honour approved the arrangements made by counsel and the parties concerned in the estate of John Holmes, deceased.