SUPREME COURT.

Timaru Herald, Volume XIIC, Issue 13839, 26 February 1909, Page 6

SUPREME COURT.

Per Press Association. AUCKLAND, Feb. 25. In the Supreme Court, it was stated that the parties in the action for alleged libel, Stallworthy r. Geddes and Blomfield, had arrived at an- agreement, and it- was decided not to proceed with the case. Victor King, charged with breaking and entering and theft, was sentenced to two years' imprisonment. A decree nisi was granted in the case of Alfred Smoothy against Margaret Smoothy. on the ground of desertion and misconduct with Leslie Morrell Coselboome.

PALMERSTON N., Feb. 25. At the Supreme Court to-day, before Mr Justice Cooper, one Donald sued Charles Fitzgerald to recover £SOO al-

leged to have been obtained by mis- ' representation, also for a dissolution of a partnership agreement. Mr Gifford Moore, who appeared for plaintiff, said that defendant had induced his client to put £SOO into a sawmill at Tokomaru by misrepresenting the financial state of the business! A quantity of evidence was called to prove the misrepresentation. Defendant, who depended solely on his own evidence, stated that they had prepared themselves to do him a wrong. His Honour gave judgment for the plaintiff for £527, obtained by defendant by fraud, and declared the partnership agreement void on the ground of fraud. He also ordered defendant to pay interest on the amount at 8 per cent, from the time the money was paid over to.date, and costs were allowed on the highest bcale. Mr Justice Cooper said that either one side or the other had committed deliberate perjury, and he ordered all the- exliibits to be impounded.